Courts / Galway / Report

Challenge to waste transfer station ends as planning permission expires

Summary

A High Court judicial review challenge against a proposed waste transfer station in East County Galway has been withdrawn because the planning permission for the development expired in January. The proceedings were brought by a group of local residents, including Fine Gael Senator Aisling Dolan, against Galway County Council's decision to grant a permit to Bruscar Bhearna Teoranta, trading as Barna Recycling. The applicants alleged that the council failed to carry out a screening for an Appropriate Assessment or determine if an Environmental Impact Assessment was required. They claimed the development, located at Poolboy in Ballinasloe, posed risks to the River Suck Callows, a designated Special Protection Area, and that the council did not properly consider EU Habitats directives regarding emissions. Counsel for the residents, Evan O'Donnell BL, informed the court that the case was now moot due to the permission's expiration. The presiding judge agreed to strike out the proceedings. The developers were a notice party to the action. This follows a history where a 2019 permit was quashed by the High Court and remitted for reconsideration; the council subsequently refused permission in 2020 before granting a new permit in March 2022, which was the subject of this withdrawn challenge.

Who, what, where, when and why

What: Report matter: Challenge to waste transfer station ends as planning permission expires. Procedural stage: hearing_or_decision

When:

• March 2022 Other
• 2023-04-25 Publication

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Related court reports

• Men jailed over €415k cannabis grow houses in Galway
• Drug dealer gets suspended sentence after judge notes '61 people on mattresses in prison'
• Defence Force member given suspended sentence for assault of garda
• Judge tells DJ Carey custodial sentence for cancer fraud 'inevitable'
• DJ Carey cancer fraud hearing delayed as the former hurler awaits hospital bed
• Nine years for bathtub rapist who does not accept jury's verdict

Read the original CNI report