The High Court has ordered An Bord Pleanála to make a sworn statement that it is not withholding documents from the Cork Harbour Alliance for a Safe Environment (Chase) as the campaign group prepares to challenge the board’s controversial decision to grant planning permission for an incinerator at Ringaskiddy.
A former deputy chairperson of the board is also to make an affidavit addressing claims of ‘objective bias’ in the decision given his previous employment with a consultancy firm involved in incinerator projects.
The board granted Indaver permission for the municipal and toxic waste incinerator in May last year but Chase sought a judicial review, arguing that environmental assessment of the project was inadequate and the decision improperly made. The hearing takes place next month.
In the meantime, the group applied for an order directing An Bord Pleanála to release certain documents relating to the decision.
Judge David Barniville refused the application on the grounds that he was satisfied by the board’s assurances that all documents were already either on the publicly accessible planning file or available on request.
He directed, however, that an affidavit should be filed to that effect, and that the board should detail what items — such as minutes of meetings — were not on the public file and how they could be accessed.
Chase also sought an order in relation to former deputy chairperson of the board and previously an employee of RPS Consultants, Conall Boland, whose involvement in the decision to grant planning permission they question.
Judge Barniville said he would accept an affidavit from Mr Boland addressing the claim of bias if Mr Boland was willing to offer to do so.
Lawyers for the board said he had already agreed to do so. Both affidavits are to be completed in the next fortnight.