No judge to hear application to challenge incinerator

An application by local residents for leave to challenge the proposed development of the State's first toxic waste incinerator at Ringaskiddy, Co Cork, could not proceed at the High Court yesterday because no judge was available to hear it.

When the case was called yesterday, Mr Michael Collins SC, for the residents, was told by Mr Justice Quirke that, because the relevant court lists were full, the leave application was unlikely to be heard before Christmas.

Mr Paul Gardiner SC, for Indaver Ireland, the company behind the incinerator, then asked the judge to adjourn the case for mention to today to allow him to take instructions. Given the likely delay in hearing the leave application, his client might decide to take "a particular course".

One option available to Indaver is not to contest the application for leave, which would then mean the case would move more quickly to a full hearing.

That would mean there would be a final determination of the matter earlier than if there were to be an initial leave hearing.

The residents are seeking leave to bring a judicial review to the proposed development. Applications for judicial review of planning decisions have to be made on notice to the affected parties.

The proposed challenge is being brought against An Bord Pleanála, Ireland and the Attorney General.