Galway Corporation deliberately, consciously and unlawfully flouted conditions laid down by An Bord Pleanala to operate a refuse dump near Lough Corrib, a High Court judge said yesterday.
Mr Justice Kelly said the corporation accepted that it had broken the conditions and had therefore committed a criminal offence.
He was giving judgment in an action brought by three residents of the Carrowbrowne area of Co Galway, who claimed the corporation broke most of the conditions on which permission for the dump had been granted. The residents had sought a number of orders, including one to prevent further dumping at the site.
Mr Justice Kelly ordered that only corporation trucks may dump refuse at the Carrowbrowne site, and that even that dumping must cease by January 11th. He was reluctantly allowing dumping by refuse trucks, not for the corporation but for Galway's citizens who might find themselves in great difficulty over Christmas if they could not dispose of refuse.
Mr Justice Kelly said the corporation must continue to service the dump by carrying out the obligations imposed on it by An Bord Pleanala.
He said the dump had a chequered history. In November 1995 the High Court ordered part of the dump closed because of the corporation's failure to comply with certain planning obligations.
Afterwards an application was made to use the site as a dump for five years. In April 1997 the planning board gave permission for a proposed landfill operation, not to exceed two years, subject to stringent conditions. That permission would expire next April.
A major condition was the rehabilitation of the site and measures for operating it, and these were to be installed by April this year. The corporation accepted that many of those conditions had not yet been complied with.
He also said the corporation had not yet secured the county council's agreement for the landfilling and landscaping programme, which should have been done by August.
He regretted having to say that the corporation's approach was indicative of its attitude, demonstrated by evidence given for the corporation to the court.
The response of Galway Corporation left a very great deal to be desired, the judge said.
