Campaigners against a proposed €160 million incinerator for Cork harbour have secured permission from the High Court to mount a legal challenge to the approval of permission for the development.
Cork Harbour Alliance for a Safe Environment (CHASE) is seeking a judicial review of the grant of planning permission last May by An Bord Pleanála for the incinerator.
Mr Justice David Barniville ruled on Tuesday the group had made out sufficient grounds to bring a judicial review challenge and he adjourned the case to next Monday.
CHASE is seeking an order quashing the decision on May 28th 2018 to grant planning permission.
It is also seeking orders quashing the environmental impact assessment (EIA) carried out by the board on May 23rd, 2018.
It claims the board erred in law and had no jurisdiction to grant planning permission.
It claims the board also erred in law in allegedly failing to carry out any or any legally adequate EIA or appropriate assessment prior to the decision to grant planning permission.
It claims there was failure to carry out an assessment of the impact on health and to carry out any adequate EIA in respect of the fundamental issue of site selection.
The board’s permission is for a municipal and hazardous waste incinerator.
The permission, under the Planning and Development (Strategic Infrastructure) Act 2006, was granted to Indaver Ireland for an incinerator at a 13.5 hectare site at the end of the Ringaskiddy peninsula. The incinerator will have an operational life of 30 years.
Indaver lodged a planning application on January 13th 2016 and since then An Bord Pleanála deferred its decision nine times.
The permission was granted with a number of conditions, including that the eight storey facility, with a 70 metre chimney, would take no more than 240,000 tonnes of municipal waste and no more than 24,000 tonnes of hazardous waste each year.
Indaver Ireland Ltd and Indaver NV trading as Indaver Ireland are notice parties to the High Court proceedings.