Update on Judicial Review of Indaver Ireland vs An Bord Pleanala and Cork County Council November(ABP) 2011

In relation to the application by Indaver Ireland, An Bord Pleanala refused permission for two incinerators in 2011. Indaver sought a Judicial Review of the decision and were granted the review by the High Court. The Judicial Review Case was due for mention on 11th November but is now postponed until 13th December.

Indaver Ireland are challenging the decision made by ABP in 2011 to refuse planning permission to build two incinerators in Ringaskiddy,Co.Cor., on technical details

CHASE will be present in Court on 13th. Dec.to support and defend the Board’s decision to refuse planning permission to Indaver Ireland.

This decision was based on solid planning grounds in relation to this site, as clearly it is fundamentally unsuitable for the development. The Board also stated that the proposed development was not “in accordance with the proper planning and sustainable development of the area”. CHASE will also be present to uphold the Boards decision that the development is not compatible with Cork County Council’s Waste Management Plan.

This application has been long and contentious. The Boards decision to refuse permission was widely welcomed by the community who have fought this application for ten years. It was a decision which respected the democratically decided Local and National Plans in relation to the policies and objectives of such plans. The decision also respected the Cork County Waste Management Plan.

All these plans have been decided by the communities in Cork and our public representatives. The decision also respected the proper principles of planning and development and we say they must be respected and upheld. We fully expect that The Board will robustly defend its decision in the forthcoming proceedings at every opportunity, as it was a fair and just decision and one we hope that will be upheld by the courts.

CHASE has written to An Bord Pleanala to assure them that CHASE will be a Notice party to the Review and will be present through out to ensure that the refusal is robustly defended.