This decision will allow CHASE to support the Board of An Bord Pleanala which is strongly defending its planning refusal. The Boards Statement of Opposition, presented to the High Court on February 13th, strongly dismisses any breach or error in law.

CHASE Chairperson Mary O’Leary said “An Bord Pleanala are rightly and robustly defending their decision, and we are delighted to be able to support them.  It’s important to CHASE to be represented at the Judicial Review – of course it means we are back to fundraising, but we’ve come so far, we won’t let the ball drop at this stage.”

The Boards refusal of 10 June 2011, currently being challenged by Indaver, was made on the grounds that Indaver failed to adequately mitigate against the risk of Coastal Erosion and Road Flooding, that the site was too small, and that the is project not compatible with Corks Waste Management Strategy.

CHASE is scheduled to present its Statement of Opposition and accompanying Affidavit to the High Court on 13th March.

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An Bord Pleanala’s June 2011 ruling to refuse planning for Indavers Incinerator proposal was made on four grounds*, three of which were firmly site related, with the fourth relating to the incompatibility with Waste Management Plans.

Continuing to force the project when the site that has been ruled too small, shows Indavers contempt for the Irish planning system.

The Community is very unimpressed that Indaver are prepared to push on despite being told by the Bord that the site is too small, and that their mitigation measures to deal with Road Flooding and Coastal Erosion (which they were given several chances to re-present) are not adequate.

The Bord held an Oral Hearing in 2009, and after several additional information requests and subsequent submisions from Indaver, made a decision to refuse planning in June 2011.

The Bord, correctly, dealt with the material presented in the original submission, and facilitated the inclusion of further material presented by Indaver during the hearing, along with additional information which the Bord requested from Indaver after the hearing had closed. The Bord made a decision based largely on site unsuitability after assessing all of this information.

Indaver were given every opportunity to deal with site related matters at the Oral Hearing, and they failed to do so in a manner that satisfied the Bord.

If Indaver wish at this stage to have further information included, they need to make a new planning application.

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*The board’s four grounds for refusal are in summary:

1. County Waste Plans: The Board is not satisfied that the development would be compatible with the Waste Management Strategy for the region or the Waste Management Plan for County Cork, 2004.
2. Site too Small, injury to amenities: The development would constitute overdevelopment of the site and would seriously injure the amenities of the area and of property in the vicinity, and would not be in accordance with proper planning and sustainable development of the area.
3. Road Flood Risk Mitigation Measures Inadequate:  The road serving the site is at risk of flooding and the Boards is not satisfied that the impacts of these measures have been fully described and assessed and that there is certainty in terms of their implementation and responsibility for same.
4. Coastal Erosion Mitigation Measures Inadequate : On the basis of evidence put forward, the site might be at risk of coastal erosion in the future, and the Board is not satisfied that submission contains sufficient information in relation to implementation of such coastal protection measures and the impact of these works, including on other nearby property.

Today’s appointment (9 Nov 2011) by Environment Minister Phil Hogan of Laura Burke, former Project Manager with Indaver Ireland, as Director General of the Environmental Protection Agency (EPA) blasts the credibility of the EPA into oblivion, and exposes continuing government allegiance to developers and industry over and above environmental protection.

CHASE Chairperson Mary O’Leary said “Ireland has been crippled under the grip of developers.   Despite promises of change from the new government, Minister Hogan has failed to break this link, and we are disgusted to be getting more of the same.

The EPA cannot claim independence while such seeding from vested interests into positions of influence continues.

Government, Developer, the EPA, IBEC and Bord Pleanala make up a cosy cartel which pays lip service to communities. It’s become clearer than ever today that the only protector of the community is the community itself.”

Ms O’Leary continued, “Laura Burkes original appointment to the Bord of the EPA in 2004 was inappropriate in the first place, given her direct and immediate link to Indaver, who’s license application was at that stage subject to EPA approval.

Laura Burke, a former incinerator promoter, today succeeds Mary Kelly as Director General of the EPA.  Mary Kelly (previously of IBEC) is now at the helm of Irelands planning process as Chairperson of An Bord Pleanala.  The potential for bias in any decision involving these bodies individually or jointly cannot be ignored.”

Indaver Ireland are currently appealing the rejection of their Ringaskiddy incinerator planning application by An Bord Pleanala in June 2011.  It is due to be heard next month at the High Court.  The community hopes that An Bord Pleanala will vigorously defend their decision.

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Yesterdays announcement (25 July, 2011) by Indaver Ireland that they are mounting a High Court challenge to An Bord Pleanala’s decision to refuse planning for their 2 incinerators at Ringaskiddy shows Indaver have no regard for good planning.

Indaver have mounted their challenge claiming new information in Waste Management Planning, and totally ignored the other 3 points handed down by An Bord Pleanala, all 3 of which underline the fundamental unsuitability of the site on the basis of site size, risk of road flooding, and risk of coastal erosion. (full details on http://www.pleanala.ie/news/PA0010/PA0010.htm

A CHASE spokesperson said “Indaver are ignoring the fundamental unsuitability of their site. It’s irresponsible of Indaver to ignore three quarters of the An Bord Pleanala judgement, and in doing so they are going totally against good planning and community consideration. However this comes as no surprise, given the huge sums of money involved.

From the outset the site has been unsuitable, because it is too small, it floods, and the coast is susceptible to erosion.  These factors mean it will never be suitable for Indavers project.”

A decision will be made in due course by the High Court, which will see either Bord Pleanala directed to revisit their decision, or which will reject Indavers challenge.

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INDAVER REFUSED PERMISSION TO BUILD AFTER 10 YEAR BATTLE

An Bord Pleanala have today refused permission to Indaver Ireland to build hazardous and municipal waste incinerators at Ringaskiddy, Co Cork, plans for which were initially announced by Indaver in April 2001.

The board has given four grounds for refusal which are in summary (see full details on http://www.pleanala.ie/news/PA0010/PA0010.htm):

1. Contrary to County Waste Plans: The Board is not satisfied that the development would be compatible with the Waste Management Strategy for the region or the Waste Management Plan for County Cork, 2004.
2. Site too Small, injury to amenities: The development would constitute overdevelopment of the site and would seriously injure the amenities of the area and of property in the vicinity, and would not be in accordance with proper planning and sustainable development of the area.
3. Road Flood Risk Mitigation Measures Inadequate:  The road serving the site is at risk of flooding and the Boards is not satisfied that the impacts of these measures have been fully described and assessed and that there is certainty in terms of their implementation and responsibility for same.
4. Coastal Erosion Mitigation Measures Inadequate :  On the basis of evidence put forward, the site might be at risk of coastal erosion in the future, and the Board is not satisfied that submission contains sufficient information in relation to implementation of such coastal protection measures and the impact of these works, including on other nearby property.

A total of €487,955 was awarded in costs, €382,341 of which is to An Bord Pleanala; €43,714 of which is to Cork County Council; and the remainder €69,000 to CHASE and other community applicants.  This must be paid by the applicant, Indaver Ireland.

CHASE Chairperson, Mary O’Leary said “We are totally stunned and obviously delighted with this decision.   An Bord Pleanala has today given concrete reasons for refusal, and these are grounds which have been argued from the outset by CHASE.  We are happy to have been listened to at last, but lessons must be learned from this process and better decisions adopted at the first hurdle in everyone’s interests.

Huge credit is due to the wider community as a here, the members of CHASE, our solicitors and everyone who worked on the Oral Hearings, our supporters in the whole community, experts who visited us, our public representatives, our City and County Councils, Bord Pleanala’s inspectors and last but not least to An Bord Pleanala for recognising when enough is enough and finally making the right decision.  It’s been a long ten years, but it should serve to show communities across Ireland that it’s worth the fight.”

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Yesterday (3/3/2011) the Court gave their judgement in the case of Commission v Ireland, known as Case C- 50/09.  This case was brought specifically regarding Ireland’s failure to properly implement the EIA Directive by splitting functions between the EPA and the Board, and also by failing to clearly require any body to perform an actual objective assessment of the material they receive from developers.

CHASE Chairperson Mary O’Leary said “The Commission’s case has succeeded completely.  Ireland has been condemned by the Court for failing to transpose the key Article 3 of the Directive and by failing to ensure that where Irish Planning Authorities and the EPA both have a role to play in regard to a project that there will be a proper fulfillment of the Directive’s requirements.

This is exactly the point we have been making since 2003, and yesterdays decision poses a real problem for the Board in the Indaver case.”

ENDS

Chief Emergency Officer at the HSE, Mr Peter Daly, had spoken at the Oral Hearing in 2009 in a personal capacity, where he outlined how distances claimed as safe in the application will be regarded by emergency response agencies as well inside danger zone. (Press Release 15/6/09 – www.chaseireland.org/releases/15-06-09.htm)

HSE Environmental Officer Declan Hamilton, has now made the HSE concerns formal, highlighting concerns regarding lack of data with regard to cancer statistics around modern incinerators and calling for a baseline health study of people in Cork Harbour.

Mr Daly, whose function it is to prepare emergency plans for the HSE for all type of Major Emergencies, has formally re-iterated his concerns in relation to the application and outlined his fears in relation to the inventory that Indaver want to burn and the danger it poses to populations and indeed his own staff, in the event of an explosion or fire.

Mary O’Leary says “It’s time to bring some accountability into play in this project.  The HSE is the taxpayers organization charged with public health, and they are clearly stating that the baseline information is inadequate and that areas of the Maritime College (NMCI) are inside the danger zone.  The taxpayer has also funded the NMCI to the tune of over €100m, and would like some guarantee that this investment is not going to be threatened.

This danger zone will also take in the new MERC3 (Maritime and Energy Research Campus And Commercial Cluster), (layout pic attached) which has received approval for €8m in government research funding alongside other public monies.    Those given the responsibility for this significant investment by the taxpayer, have a moral and professional obligation to protect these public monies and to object to this application given the information we now  have available about the danger it poses to these developments.

Over the last 10 years Cork County and City Council, numerous politicians, statutory bodies, planners and numerous geological and medical experts have joined CHASE in presenting evidence that this site is fundamentally unsuitable for a hazardous waste incinerator.”

Submissions to ABP will be closing Wednesday 16 Feb, 2011.

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