Review of Corranure waste transfer centre due
A judge reviewing the granting of planning permission to a waste management company has indicated he will give a written judgement “in the near future”.
Mr Justice Anthony Barr was presiding over a judicial review hearing that took place in the Four Courts Dublin last week.
The review is considering the granting of permission by An Bord Pleanála to Wilton Waste Ltd in respect of a Waste Transfer Centre at Corranure Cavan.
The case was brought by Cavan Better Waste Management and a local resident.
The permission was the subject of an oral hearing in 2017, which was presided over by Patricia Calleary, Inspector with the Bord.
The challenge was brought on a number of legal grounds; including claims that the provisions of the Environmental Impact Assessment Directive and the Habitats Directive had not been adhered to in the granting of permission.
The challenge also claimed the leaving over of a large number of the conditions in the planning permission for agreement directly between the developer and Cavan County Council, post consent, was an impermissible delegation of authority.
The applicants for judicial review claimed that as Cavan County Council owned the land in question, had entered into a contract with the developer for the sale of the land subject to planning and would also be the party to grant a waste permit to the developer, that the large range of conditions relating to such matters as waste water, invasive species and the preparation of a construction environmental management plan should not be handed back to the council after planning was granted.
It was also the applicants’ claim they would not be allowed participate in the making of any decisions regarding these conditions and that this was in breach of their rights to public participation.
An Bord Pleanála opposed the case on all grounds and contended that there was full compliance with the relevant European directives.
Sealed unit
The Bord contended that the waste transfer building was a sealed unit and that there was no possibility of any contaminants being emitted into any adjoining watercourses likely to cause any adverse effect to any European sites (the Lough Oughter SAC and SPA).
They rejected the contention that the leaving over of agreement of conditions to Cavan County Council for a later date was in breach of the applicants rights and stated that this was standard practice.
The applicants in the case were represented by Oisin Collins SC, Margaret Heavey BL and Gabriel Toolan Solicitor of Walter P. Toolan and Sons Ballinamore, Leitrim. The Bord was represented by Fintan Valentine SC and Rachel Minch SC solicitor of Philip Lee and company.
Mr Justice Barr reserved his decision and indicated he would be in a position to give his written judgement in the near future.