Madam, – We refer to the case of Usk and District Residents Ltd v An Bord Pleanála and others, concerning the quashing of a grant of planning permission for a landfill at Usk in Co Kildare, (Law Matters, October 26th), and to the articles in your paper following the Oireachtas Committee hearing on the October 28th concerning an Bord Pleanála.
On the July 8th, 2009 Judge McMenamin issued a judgment on the procedures followed by An Board Pleanála, and determined that they were severely flawed, due, among other reasons, to objective bias, and based on the evidence, a failure to take legal advice.
The chairperson of An Bord Pleanála does not accept that there was bias or that there was a failure to take legal advice and stated quite plainly, before the Oireachtas Committee on October 28th, that the judge was wrong.
The judgment is an unappealed High Court judgment, and is a binding ruling on An Bord Pleanála. In the event that there is a fresh application for permission for this development, our objections will be based, among other things, on the judgment of Judge McMenamin.
We are very concerned at our prospect of a fair hearing, or meaningful participation in the planning process, where the chairman of the board has clearly indicated that he does not accept the content of this judgment. – Yours, etc,
Usk and District Residents
Usk, Co Kildare.