A dispute over the operation of a landfill site at Ballyguroe, Kildorrery, Co Cork, has been settled, the High Court was told yesterday. Under the terms of the settlement, not disclosed in court, Cork County Council is to submit a revised application to the Environmental Protection Agency providing for works on certain parts of the site, and conditions have been set for the ultimate closure of the dump.
The hearing of the action, brought by five local residents against the council, began earlier in the week.
The five claimed the council failed to comply with planning conditions for the Ballyguroe site laid down in a Department of Environment certificate. It was claimed the site was started as an illegal development in 1990 and continued until certified by the Minister for the Environment in 1995.
The residents claimed the council had breached many of the 21 conditions for operation of the site set out in the Minister's certificate.
In court yesterday the settlement was announced by Mr Edward Walsh SC, for the residents. Mr Walsh told the President of the High Court, Mr Justice Costello, that the sides had reached a written accommodation.
The terms of the settlement were not disclosed in court but were released later by the plaintiffs. Under the terms, the council will submit a revised application to the Environmental Protection Agency for a waste licence providing for works on certain "cells" of the site, effective site management, silt control and monitoring of ground and surface water.
The site is to be closed for dumping after completion of Cell 7 of the dump.
The council's application to the EPA for a licence is to be limited to the area of current activity, and no further application is to be made for any licence for any extended area, save as may be required for a buffer zone.
Under the settlement terms, the council is to pay one of the plaintiffs, Mr John Geary, a farmer, of Quintrent, Kildorrery, £4,000 as a contribution in respect of the provision of a domestic well. The plaintiffs are to be paid the costs of the proceedings.
Mr Geary, chairman of Kildorrery Anti Dump Group, expressed the hope that what had been agreed would make a contribution to environmental law and to safeguarding the environment in the locality.