Monday 13 June 2011

Decision follows decade of struggle between sides but burning issue remains unresolved

ANALYSIS: Opposition began to crystallise when Indaver unveiled plans in 2001

YESTERDAY’S DECISION by An Bord Pleanála to refuse planning permission to Indaver for its €160 million twin incinerator project at Ringaskiddy may not be the end of the matter, but it does conclude an eventful decade for proponents and opponents of the project.

The long-running saga may have begun when Indaver purchased the Irish Ispat site at Ringaskiddy for an undisclosed sum in December 2000, but it wasn’t until April 2001 when Indaver unveiled plans for a hazardous waste incinerator that opposition began to crystallise.

Cork Harbour Alliance for a Safe Environment was established in October 2001, and a month later Indaver applied to Cork County Council for planning permission, prompting the harbour alliance to submit 30,000 letters of objection.

In April 2003 then Cork county manager Maurice Moloney proposed a material contravention of the county development plan, but a month later councillors voted by 30-13 against allowing rezoning, and in June 2003 Indaver appealed the decision to An Bord Pleanála.

The harbour alliance and more than 20 other parties lodged counter-appeals, and the alliance demanded an oral hearing which the board granted. In September and October 2003 both sides made submissions at the hearing in Neptune Stadium in Cork.

Senior planning inspector Philip Jones recommended refusal of planning on 14 specific grounds, but in January 2004 the board decided to override his recommendations and grant planning to Indaver for a hazardous waste incinerator.

In March 2004 Ringaskiddy and District Residents’ Association and 11 harbour area residents applied to the High Court for a judicial review of that decision – an application that would eventually be refused by the High Court in February 2008.

Parallel to the planning process, Indaver had also applied in April 2003 to the Environmental Protection Agency for a waste management licence, and in October 2004 the agency announced it was issuing Indaver with a draft operating licence.

In November 2004 the harbour alliance appealed the agency’s decision to grant Indaver a draft licence for Ringaskiddy, and the same month saw then minister for defence Willie O’Dea enter the debate when he said he didn’t believe Ringaskiddy was an appropriate site.

The agency began holding an oral hearing into Indaver’s waste licence application in February 2005, and that November the agency granted Indaver licences for a hazardous waste incinerator and a municipal waste incinerator at the Ringaskiddy site.

The Ringaskiddy and District Residents’ Association appealed the High Court decision to the Supreme Court in June 2008, with judgment being reserved, but in November 2008 the appeal was withdrawn on agreement by all parties.

Indaver applied under the Planning and Development (Strategic Infrastructure) Act 2006 to the board in November 2008 for planning for a hazardous waste incinerator and a municipal hazardous waste incinerator. A second oral hearing began in April 2009 and concluded in June 2009. In January 2010 the board indicated it would refuse planning for the municipal waste incinerator but would consider granting planning for the hazardous waste incinerator, and sought further information from Indaver. Indaver submitted new information in August 2010 on flooding and coastal erosion mitigation measures. The harbour alliance said these measures amounted to a new structure, and Indaver should submit an entirely new planning application.

In the event, Indaver did not submit a new planning application, but the board was clearly not satisfied with the company’s additional submissions, as concerns about flood and coastal mitigation measures formed two of the four grounds for yesterday’s refusal.

Indaver Ireland managing director John Ahern said it believed the four grounds given for the refusal could all be addressed by the company through redesign and engineering solutions.

“It has not altered our view that the Cork region needs a waste facility – a fact recognised by many including An Bord Pleanála itself . . . It is no longer responsible, credible or efficient to simply export or landfill our waste.”

Irish Times

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