Israeli October 7 posterchild was killed by Israeli tank, eyewitnesses reveal 21:33 Nov 26 0 comments Demoncide & Tachanka 21:28 Feb 23 0 comments Drugs flood Europe through the Armed Forces of Ukraine 12:48 Dec 26 2 comments European Parliament vice-president arrested on corruption charges 23:15 Dec 20 0 comments Double-Vaccinated 20-Year-Old Florida Model Develops Myocarditis, Suffers Heart Attack And Has Both ... 22:54 Feb 10 0 comments more >>Blog Feeds
Public InquiryInterested in maladministration. Estd. 2005RTEs Sarah McInerney ? Fianna Fail supporter? Anthony Joe Duffy is dishonest and untrustworthy Anthony Robert Watt complaint: Time for decision by SIPO Anthony RTE in breach of its own editorial principles Anthony Waiting for SIPO Anthony
Human Rights in IrelandPromoting Human Rights in Ireland
Lockdown Skeptics
Government Hands Foreign Farmers £500m ? the Same Amount the Inheritance Tax Raid is Projected to Ra... Fri Nov 22, 2024 15:14 | Will Jones
UN Shock: Risks of Trans ?Women? in Female Sport Highlighted in New Report Fri Nov 22, 2024 13:00 | Ramesh Thakur
The Emperor?s New Ad Fri Nov 22, 2024 11:16 | Laura Dodsworth
If Labour Really Wanted to Ensure People Can Afford to Heat Their Homes it Would Ramp Up the Gas Fri Nov 22, 2024 09:00 | Ben Pile
In Episode 20 of the Sceptic: Matt Ridley on the Farmers? Revolt, James McSweeney on Britain?s Polit... Fri Nov 22, 2024 07:00 | Richard Eldred
Voltaire NetworkVoltaire, international editionDonald Trump, an Andrew Jackson 2.0? , by Thierry Meyssan Tue Nov 19, 2024 06:59 | en Voltaire, International Newsletter N°108 Sat Nov 16, 2024 07:06 | en The Trump Administration's Three Goals Fri Nov 15, 2024 14:47 | en Trump's re-election redistributes the cards , by Thierry Meyssan Wed Nov 13, 2024 04:05 | en Voltaire, International Newsletter N°107 Sat Nov 09, 2024 14:52 | en |
Win for CHASE at High Court, Board’s decision was “affected by objective bias”
cork |
crime and justice |
news report
Saturday March 20, 2021 21:33 by chase
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 GroundThe 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 groundThe 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 LINKSJudicial 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/ |