Courts / Donegal / Report
'Notorious environmental polluter' has challenge adjourned
Summary
In a High Court judgment, Ms Justice Miriam O'Regan adjourned for one year a Section 160 application brought by Jim Ferry against John Caulderbank (trading as D&M Services) and D&M Environmental Services Ltd (trading as DM Waste). The action, filed under the 2000 Planning and Development Act and the 1996 Waste Management Act, alleged that the respondents' waste facility at Labbadish, Manorcunningham, Letterkenny, Co Donegal, was operating without proper planning permission. The judge found the development currently unauthorised but noted the respondents had been attempting to regularise their status since 2018, following enforcement notices from Donegal County Council. The court adjourned the matter to allow the respondents to pursue substitute consent from An Bord Pleanala and future planning permission from the council. The judge described Mr Ferry, who was jailed for nine weeks in 2019 for failing to comply with High Court orders regarding his former company Ferry Refuse Collection, as a "notorious environmental polluter." She stated his motives were "at best" highly suspicious and potentially driven by personal grievance. The respondents alleged the action was a campaign of retribution, which Mr Ferry denied. The judge noted that closing the respondents' business would adversely affect Co Donegal.
Who, what, where, when and why
What: Report matter: 'Notorious environmental polluter' has challenge adjourned. Procedural stage: sentence
When:
- 2021-02-17 Publication
Why: This was because the respondents have been making ongoing attempts to regularise their situation. CNI source report
Case subjects
Applicant
Applicant
Applicant
Outcome: Mr Ferry, who said he made every effort to deal with the breaches of his Waste Facility Permit and remove waste from the site, was jailed for nine weeks in 2019 over his failure to comply with certain orders made by the High Court.; Credit: Collins) A man described by a High Court judge as a "notorious environmental polluter" and who was jailed arising out of illegal dumping has had his challenge against another waste disposal company adjourned for a year.
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Places mentioned
- High Court
Topics
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