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 North Korea Increases Aid to Russia, Mos... Tue Nov 19, 2024 12:29 | Marko Marjanovi?

offsite link Trump Assembles a War Cabinet Sat Nov 16, 2024 10:29 | Marko Marjanovi?

offsite link Slavgrinder Ramps Up Into Overdrive Tue Nov 12, 2024 10:29 | Marko Marjanovi?

offsite link ?Existential? Culling to Continue on Com... Mon Nov 11, 2024 10:28 | Marko Marjanovi?

offsite link US to Deploy Military Contractors to Ukr... Sun Nov 10, 2024 02:37 | Field Empty

Anti-Empire >>

Human Rights in Ireland
Promoting Human Rights in Ireland

Human Rights in Ireland >>

Lockdown Skeptics

The Daily Sceptic

offsite link White Working-Class Pupils Behind in Nearly All of UK?s 3,400 Secondary Schools Tue Jun 03, 2025 11:04 | Richard Eldred
Shocking official data reveal that white working-class children are falling behind their peers in all but 21 schools across the country.
The post White Working-Class Pupils Behind in Nearly All of UK?s 3,400 Secondary Schools appeared first on The Daily Sceptic.

offsite link Will Europe Derail Miliband?s Climate Agenda? Tue Jun 03, 2025 09:00 | Ben Pile
Keir Starmer is cosying up to the EU just as green politics collapses across the continent. Will it give him the excuse he needs to put Ed Miliband and his Net Zero lunacy out of their misery, asks Ben Pile.
The post Will Europe Derail Miliband’s Climate Agenda? appeared first on The Daily Sceptic.

offsite link The Guardian?s Climate Cult: Fiona Harvey?s Latest Sermon on COP30 Tue Jun 03, 2025 07:00 | Tilak Doshi
The Guardian's Fiona Harvey has delivered her latest climate sermon, in which she claims that "deniers" have now accepted "the science" and moved on to economic arguments ahead of COP30. What tosh, says Dr Tilak Doshi.
The post The Guardian’s Climate Cult: Fiona Harvey’s Latest Sermon on COP30 appeared first on The Daily Sceptic.

offsite link News Round-Up Tue Jun 03, 2025 00:58 | Richard Eldred
A summary of the most interesting stories in the past 24 hours that challenge the prevailing orthodoxy about the ?climate emergency?, public health ?crises? and the supposed moral defects of Western civilisation.
The post News Round-Up appeared first on The Daily Sceptic.

offsite link New Covid Wave Scare Campaign a Massive Flop Mon Jun 02, 2025 19:00 | Rebekah Barnett
Like the Marvel franchise, with its unlimited instalments and spin-offs, a new Covid scare campaign is underway, says Rebekah Barnett. And as with Marvel, its purpose is largely to create demand for merchandise.
The post New Covid Wave Scare Campaign a Massive Flop appeared first on The Daily Sceptic.

Lockdown Skeptics >>

Voltaire Network
Voltaire, international edition

offsite link Will intergovernmental institutions withstand the end of the "American Empire"?,... Sat Apr 05, 2025 07:15 | en

offsite link Voltaire, International Newsletter N?127 Sat Apr 05, 2025 06:38 | en

offsite link Disintegration of Western democracy begins in France Sat Apr 05, 2025 06:00 | en

offsite link Voltaire, International Newsletter N?126 Fri Mar 28, 2025 11:39 | en

offsite link The International Conference on Combating Anti-Semitism by Amichai Chikli and Na... Fri Mar 28, 2025 11:31 | 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/
© 2001-2025 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