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 Maternity Hospital Evacuated After Solar Panel Fire Sat May 24, 2025 11:00 | Will Jones
Pregnant women were evacuated from a hospital in Bristol after a solar panel fire broke out. There was "virtually nothing left of the rooftop solar panel array after this fire", a witness said.
The post Maternity Hospital Evacuated After Solar Panel Fire appeared first on The Daily Sceptic.

offsite link Do Researchers? Views on Immigration Affect the Results of Their Studies? Sat May 24, 2025 09:00 | Noah Carl
Academics lean heavily Left. Does this affect the results of their studies? A paper has found that researchers who support higher immigration are more likely to find results in line with that policy.
The post Do Researchers’ Views on Immigration Affect the Results of Their Studies? appeared first on The Daily Sceptic.

offsite link Starmer?s EU Reset Tethers the UK to the EU?s Green Dystopia Sat May 24, 2025 07:00 | Tilak Doshi
Keir Starmer's 'EU Reset' tethers the UK to the EU's green dystopia, says Tilak Doshi. As Ben Habib put it, the "massive smile" of Ursula von der Leyen could only mean the UK was "taken to the cleaners".
The post Starmer’s EU Reset Tethers the UK to the EU’s Green Dystopia appeared first on The Daily Sceptic.

offsite link News Round-Up Sat May 24, 2025 00:52 | 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 We Were Too Polite to Stop the Woke Takeover Fri May 23, 2025 17:07 | Mary Gilleece
How did trans and other corrosive woke ideologies take hold? Because we prioritised politeness over honesty, says Mary Gilleece. What began with polite conversation ended with mutilated children and criminalised speech.
The post We Were Too Polite to Stop the Woke Takeover 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