Thursday 28 January 2010

State admits failure to inform

THE STATE has failed to meet its obligation to provide information being sought by residents opposing the Poolbeg incinerator in Dublin, it has been acknowledged in the High Court.

The information should have been provided when residents brought court proceedings over the planned development.

The State yesterday consented to declarations by the High Court that it had failed to comply with its obligations under an EU directive to make “practical information” available to the public concerning access to procedures to review planning decisions. The declarations were made under a settlement of a court action over the proposed incinerator.

The Combined Residents Against Incineration had initiated High Court proceedings in January 2008, challenging the manner in which permission was given.

They claimed they were entitled to have a review of the decision in accordance with an EU directive on environmental impact assessment. They also claimed an environmental impact statement prepared by Dublin City Council on the incinerator was flawed and should have been rejected by An Bord Pleanála.

The residents brought their action against the Minister for Environment, Heritage and Local Government, and against Ireland, the Attorney General and Dublin City Council. An Bord Pleanála was a notice party.

The High Court was told yesterday a settlement had been reached in which the State admitted it had not complied with its obligation to ensure practical information was made available to the public on access to administrative and judicial review procedures.

Irish Times

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