Final appeal against incinerator plant fails

Local campaigner claimed planning permission invalid

THE Supreme Court has dismissed a challenge to the granting of planning permission for an incinerator/waste management facility near Duleek in Co Meath.

The three-judge court unanimously rejected an appeal yesterday by local campaigner Eric Martin against the High Court's refusal to uphold his claim that the permission granted by An Bord Pleanala was invalid.

Mr Martin had claimed a European Directive relating to environment impact assessments had not been properly implemented into Irish law.

His claims were denied by the State, An Bord Pleanala and Indaver Ireland, developer of the proposed incinerator.

Impact

At the time, Mr Justice Thomas Smyth also asked the Supreme Court to decide on a point of law in the case on whether the State had implemented a European directive relating to environment impact statements into Irish law.

However, Indaver have warned there is still uncertainty over the Carranstown project, despite the outcome of the case, blaming the Government's failure to curb development of landfill.

The company said there was a need to increase landfill levies to ensure competition in the waste market. There would also have to be a ban on certain types of waste being disposed of in landfills.

Yesterday, Chief Justice John Murray, presiding at the Supreme Court, said Mr Martin was "clutching at straws" in his opposition to the decision made by An Bord Pleanala.

Dismissing the case, he said there was no need to refer the matter to the European Court of Justice.

The Supreme Court accepted the submissions of An Bord Pleanala and the State that the combination of the assessments carried out by the board and the Environment Protection Agency (EPA) together met the requirements of the EU Directive with regard to the Environment Impact Assessment prior to planning permission consent.

The 25-acre site of the proposed incinerator is about 3km from Duleek and 2km from Donore village.

Alliance

Mr Martin, of Newlanes, Duleek, is a retired production manager and a member of the No Incineration Alliance - a group of farmers, residents and business people who live near the proposed incinerator.

Meath County Council had, in 2002, granted permission for the development, subject to certain conditions, including that the facility would only accept waste which was generated and produced in the north-east region of counties Louth, Meath, Cavan and Monaghan.

Another condition was that annual tonnage for thermal treatment/recycling would not exceed 172,000 tonnes a year.

Indaver appealed that latter condition, while several people appealed the decision to grant permission. An Bord Pleanala held an oral hearing over four days after which its inspector recommended permission be refused.

But the board decided to grant permission.

Yesterday, Chief Justice Murray said on the basis of any reasonable view of the provision of the Directive alone, it seemed clear the contention of Mr Martin with regard to a global integrated assessment was unfounded.

The Chief Justice said the EU Directive was essentially procedural in nature.

Ann O'Loughlin
Irish Independent