Upcoming Events

Cork | Crime and Justice

no events match your query!

New Events

Cork

no events posted in last week

Blog Feeds

Anti-Empire

Anti-Empire

offsite link The Wholesome Photo of the Month Thu May 09, 2024 11:01 | Anti-Empire

offsite link In 3 War Years Russia Will Have Spent $3... Thu May 09, 2024 02:17 | Anti-Empire

offsite link UK Sending Missiles to Be Fired Into Rus... Tue May 07, 2024 14:17 | Marko Marjanović

offsite link US Gives Weapons to Taiwan for Free, The... Fri May 03, 2024 03:55 | Anti-Empire

offsite link Russia Has 17 Percent More Defense Jobs ... Tue Apr 30, 2024 11:56 | Marko Marjanović

Anti-Empire >>

The Saker
A bird's eye view of the vineyard

offsite link Alternative Copy of thesaker.is site is available Thu May 25, 2023 14:38 | Ice-Saker-V6bKu3nz
Alternative site: https://thesaker.si/saker-a... Site was created using the downloads provided Regards Herb

offsite link The Saker blog is now frozen Tue Feb 28, 2023 23:55 | The Saker
Dear friends As I have previously announced, we are now “freezing” the blog.  We are also making archives of the blog available for free download in various formats (see below). 

offsite link What do you make of the Russia and China Partnership? Tue Feb 28, 2023 16:26 | The Saker
by Mr. Allen for the Saker blog Over the last few years, we hear leaders from both Russia and China pronouncing that they have formed a relationship where there are

offsite link Moveable Feast Cafe 2023/02/27 ? Open Thread Mon Feb 27, 2023 19:00 | cafe-uploader
2023/02/27 19:00:02Welcome to the ‘Moveable Feast Cafe’. The ‘Moveable Feast’ is an open thread where readers can post wide ranging observations, articles, rants, off topic and have animate discussions of

offsite link The stage is set for Hybrid World War III Mon Feb 27, 2023 15:50 | The Saker
Pepe Escobar for the Saker blog A powerful feeling rhythms your skin and drums up your soul as you?re immersed in a long walk under persistent snow flurries, pinpointed by

The Saker >>

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link RTEs Sarah McInerney ? Fianna Fail supporter? Anthony

offsite link Joe Duffy is dishonest and untrustworthy Anthony

offsite link Robert Watt complaint: Time for decision by SIPO Anthony

offsite link RTE in breach of its own editorial principles Anthony

offsite link Waiting for SIPO Anthony

Public Inquiry >>

Voltaire Network
Voltaire, international edition

offsite link Netanyahu soon to appear before the US Congress? It will be decisive for the suc... Thu Jul 04, 2024 04:44 | en

offsite link Voltaire, International Newsletter N°93 Fri Jun 28, 2024 14:49 | en

offsite link Will Israel succeed in attacking Lebanon and pushing the United States to nuke I... Fri Jun 28, 2024 14:40 | en

offsite link Will Netanyahu launch tactical nuclear bombs (sic) against Hezbollah, with US su... Thu Jun 27, 2024 12:09 | en

offsite link Will Israel provoke a cataclysm?, by Thierry Meyssan Tue Jun 25, 2024 06:59 | en

Voltaire Network >>

Win for CHASE at High Court, Board’s decision was “affected by objective bias”

category cork | crime and justice | news report author Saturday March 20, 2021 21:33author by chase Report this post to the editors

High Court Judge David Barniville has held in favour of CHASE and against the Board of Bord Pleanala in respect of the May 2018 grant of planning to Indaver to build an incinerator in Ringaskiddy, Co Cork. (March 19, 2021)

Win at High Court, Board’s decision was “affected by objective bias”

High Court Judge David Barniville has held in favour of CHASE and against the Board of Bord Pleanala in respect of the May 2018 grant of planning to Indaver to build an incinerator in Ringaskiddy, Co Cork. (March 19, 2021)

Judge Barniville, who is head of the Strategic Infrastructure Development list of cases at the High Court, found that the Board had erred legally on two important legal grounds as follows:

Objective Bias Ground

The first is the ‘objective bias’ ground and the judge concluded that the Board’s decision was “affected by objective bias by reason of the prior involvement of one of its members”, Conall Boland, the then deputy chairperson of the Board, in work which he did in 2004 when employed by a firm of consultants who were engaged by Indaver to make submissions to Cork County Council and Cork City Council on reviews to those Councils’ waste management plans.

Judge Barniville was satisfied that the work done by the relevant member of the Board had a “clear, rational and cogent connection” with Indaver’s application to the Board for permission for the development of the waste-to-energy facility at Ringaskiddy.

“Prospective applicant”/jurisdiction ground

The second ground relates to the mismatch between the Indaver entity that sought permission to apply for SID status, and the Indaver entity that then formally applied for SID planning permission.

The judge accepted the CHASE argument that this was not permissible under the relevant legislation and concluded that the correct interpretation of those provisions requires that the person who applies for permission for a SID must be the same entity as the person who is referred to in the statutory provisions as the “prospective applicant”, being the person who has engaged in the required pre-application consultation procedure with the Board.

CHASE Chairperson, Mary O’Leary, welcoming the decision said “This is a huge community win. CHASE and the community of Cork Harbour are delighted with the decision and are grateful to Judge Barniville for hearing this case and reaching this conclusion.

Although the judge still has to make final orders which will determine what happens to this application, this is an enormous day in our 20 year campaign to stop the construction of this incinerator and one that vindicates the effort and the enormous cost on the part of all involved.”

The judge will make final orders in the case after the sides have considered the judgment and has adjourned the matter for mention to April 13.

CHASE will be seeking to have the permission quashed.

USEFUL LINKS

Judicial Review Case Outline: http://chasecorkharbour.com/judicial-review-under-way-and-will-continue-into-next-week/

Bord Pleanala, Decision Granted: May 2018 http://chasecorkharbour.com/permission-has-been-granted/

Related Link: http://chasecorkharbour.com/high-court-win-2021/
© 2001-2024 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy