Upcoming Events

Cork | Crime and Justice

no events match your query!

New Events

Cork

no events posted in last week

Blog Feeds

The Saker
A bird's eye view of the vineyard

offsite link Roger Waters addresses the UNSC (at the invitation of Russia) Wed Feb 08, 2023 23:18 | The Saker
Powered by bitchute embed generator Comment by Andrei: Russia invited Roger Waters to speak at the UNSC even though the Russians perfectly knew and understood that Roger Waters does not

offsite link The US Has Legalized Theft Wed Feb 08, 2023 17:38 | The Saker

offsite link A few special goodbye messages Wed Feb 08, 2023 16:18 | The Saker
Dear friends, I have a few special categories of people I want to say goodbye to with a few short messages.  Here we go: To my moderators Friends, you all

offsite link Russia invites Roger Waters to speak at the UN Security Council Wed Feb 08, 2023 14:49 | The Saker
FYI: my interview with Roger Waters here: Interview with Roger Waters RT reports: Moscow has requested that Pink Floyd co-founder Roger Waters be allowed to speak at the next UNSC

offsite link Anglo-Zionism and the Confederation of Europe Tue Feb 07, 2023 19:13 | The Saker
By Batiushka for the Saker blog Introduction: The Origins of Anglo-Zionism When I discovered the Saker in 2014, I at once discovered his term of genius ?Anglo-Zionism?. That, after all,

The Saker >>

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link RTE in breach of its own editorial principles Anthony

offsite link Waiting for SIPO Anthony

offsite link Formal complaint against Robert Watt Anthony

offsite link RTE bias complaint Anthony

offsite link Fergus Finlay and the maternity hospital ‘gotcha’ trap Anthony

Public Inquiry >>

Voltaire Network
Voltaire, international edition

offsite link Seymour Hersh: Nord Stream was destroyed by U.S. and Norway Wed Feb 08, 2023 17:41 | en

offsite link The Hunter Biden / Ihor Kolomoïsky affair, by Thierry Meyssan Wed Feb 08, 2023 05:24 | en

offsite link Use of chemical weapons by a Ukrainian unit Tue Feb 07, 2023 12:14 | en

offsite link ?360° Cooperation with Libya.? But Which Libya?, by Manlio Dinucci Tue Feb 07, 2023 07:29 | en

offsite link Voltaire International Newsletter N°26 Sat Feb 04, 2023 05:43 | 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/
© 2001-2023 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