An Bord Pleanála will not appeal a successful High Court challenge by an environmental group over the €160 million incinerator in Ringaskiddy, Cork Harbour.
Mr Justice David Barniville was told on Tuesday the board does not intend to appeal but sought more time to consider its attitude over whether to agree to a simple quashing of the permission order or have it returned to the board for reconsideration.
The judge adjourned the case for two weeks to give the board time. The environmental group, Cork Harbour Alliance for a Safe Environment (CHASE), wants the permission quashed with no remittal, with the effect a fresh planning application would have to be made.
The incinerator developers, Indaver Ireland, want it sent back to the board for reconsideration.
Mr Justice Barniville said that before making any final orders he believed the board should be given a chance to say what its attitude is. He would then determine whether there should be a further hearing.
He set a timetable for the parties to engage before the case returns in two weeks.
In his decision, last month the judge said he would need a lot of persuasion to quash the permission without returning the matter to the board for reconsideration.
The main ground for his ruling was that CHASE was entitled to succeed related to the fact that the board's decision was tainted by objective bias because board member Conall Boland had previously worked for a firm of consulting engineers who were engaged by Indaver to make submissions for reviews of the Cork County Council and Cork City Council waste management plans.