Upcoming Events

Cork | Crime and Justice

no events match your query!

New Events

Cork

no events posted in last week

Blog Feeds

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link RTEs Sarah McInerney ? Fianna Fail?supporter? Anthony

offsite link Joe Duffy is dishonest and untrustworthy Anthony

offsite link Robert Watt complaint: Time for decision by SIPO Anthony

offsite link RTE in breach of its own editorial principles Anthony

offsite link Waiting for SIPO Anthony

Public Inquiry >>

Human Rights in Ireland
Promoting Human Rights in Ireland

Human Rights in Ireland >>

Lockdown Skeptics

The Daily Sceptic

offsite link News Round-Up Sat Apr 26, 2025 00:32 | Toby Young
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 How Britain?s Libraries Became Trans Indoctrination Hubs Fri Apr 25, 2025 17:00 | Lucy Marsh
The Supreme Court may have ruled that trans 'women' are legally men, but someone really needs to tell Britain's libraries, which have been transformed into trans indoctrination hubs, says Lucy Marsh.
The post How Britain’s Libraries Became Trans Indoctrination Hubs appeared first on The Daily Sceptic.

offsite link Democrats Continue Their Election-Losing Obsession With ?Rescuing? Criminal Migrants Fri Apr 25, 2025 15:00 | Tony Morrison
Do Democrats enjoy losing elections? It seems so as they double down on their obsession with migrant criminals. Witness the clown-world antics this week as a US Senator tries to bring 'home' a deported violent gangster.
The post Democrats Continue Their Election-Losing Obsession With ‘Rescuing’ Criminal Migrants appeared first on The Daily Sceptic.

offsite link ?Outrageous? Labour Plan for NHS to Treat Trans Patients in Private Rooms Fri Apr 25, 2025 13:00 | Will Jones
Transgender patients could be treated in private rooms in NHS hospitals to protect their "rights and dignities", Health Secretary Wes Streeting has said, in a plan critics have branded "outrageous".
The post “Outrageous” Labour Plan for NHS to Treat Trans Patients in Private Rooms appeared first on The Daily Sceptic.

offsite link Is the End of Non-Crime Hate Incidents in Sight? Fri Apr 25, 2025 11:03 | Toby Young
Is the end of 'non-crime hate incidents' in sight? The Opposition is tabling an amendment to scrap them. This is something we all need to get behind ? so please use the FSU's template to tell your MP to vote for it.
The post Is the End of Non-Crime Hate Incidents in Sight? 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