The Supreme Court has dismissed a challenge by a Co Meath man to the granting of planning permission for an incinerator/waste management facility near Duleek.
The three-judge court yesterday unanimously rejected an appeal by Eric Martin against the High Court's refusal to uphold his claim that the permission granted by An Bord Pleanála was invalid because a European directive relating to environment impact assessments has not been properly implemented into Irish law.
Mr Martin's claims were denied by the State, An Bord Pleanála and Indaver Ireland, the developer of the proposed incinerator.
The 25-acre site of the proposed incinerator is about three kilometres north of Duleek and two kilometres from Donore village. Mr Martin, Newlanes, Duleek, is a member of the No Incineration Alliance, a group of farmers, local residents and business people living in the vicinity of the proposed incinerator.
Meath County Council had in 2002 granted permission for the development, subject to certain conditions including that the facility would only accept waste which was generated and produced in the northeast region of counties Louth, Meath, Cavan and Monaghan and that the tonnage for thermal treatment/recycling would not exceed 172,000 tonnes a year.
Indaver appealed that latter condition, while a number of people appealed the decision to grant permission. An Bord Pleanála held an oral hearing over four days after which its inspector recommended permission be refused. However, the board granted permission.
While dismissing Mr Martin's case in the High Court, Mr Justice Thomas Smyth also asked the Supreme Court to decide a point of law relating to whether the State had implemented a European directive relating to environment impact statements into Irish law.
Delivering the Supreme Court decision yesterday, the Chief Justice, Mr Justice John Murray, said Mr Martin was "clutching at straws" in his opposition to the decision made by An Bord Pleanála. He also said there was no need to refer the matter to the European Court of Justice.
The Chief Justice said the court accepted the submissions of An Bord Pleanála and the State that the combination of the assessments carried out by An Bord Pleanála and the Environmental Protection Agency (EPA) met the requirements of the EU directive with regard to environment impact assessment prior to planning permission consent. Mr Martin had contended that, by virtue of the statutory division of responsibilities between the board and the EPA, it was not possible for an integrated assessment of the effects of the project on the environment to take place as required by the EU directive. He claimed there was a deficiency in the process because no one body carries out a global assessment.
The Chief Justice said that it seemed clear on the basis of any reasonable view of the provision of the directive alone that the contention of Mr Martin for a global integrated assessment was unfounded.
He said the EU directive was essentially procedural in nature. If it intended there could only be one global assessment of the relevant environmental factors and their interaction by one body, it would have stated so, he said. However, it stated the contrary.
Rory Hearne, a campaigner against the Poolbeg incinerator, said the decision to grant permission was a blow to democracy.