Courts / Cork / Report

Firm seeks to overturn planning refusal over involvement of jailed Bord Pleanála deputy chair

Date
2023-10-24
Stage
Appeal
Primary locality
Cork
County
Cork

Summary

County Clean Recycling Unlimited Company has secured High Court permission to challenge An Bord Pleanála's 2021 refusal to grant planning permission for a waste transfer station at Courtstown Industrial Estate, Little Island, Co Cork. The applicant, represented by Oisin Collins SC, alleges a reasonable apprehension of bias due to the involvement of Deputy Chairperson Paul Hyde, who has a family connection to the area. The company claims Hyde failed to declare a conflict of interest, noting that many local objectors were likely known to him. This alleged bias is compounded by Hyde's recent conviction; he pleaded guilty in June to two offences under Section 147 of the Planning and Development Act 2000 and received a two-month jail sentence earlier this year for breaches of planning laws. The applicant seeks orders quashing the refusal, extending time limits, and compelling the board to disclose relevant documentation. Ms Justice Niamh Hyland granted the ex-parte application for leave to bring the judicial review. The matter was adjourned and will return before the court in December. Separately, Hyde's appeal against his two-month sentence is scheduled for November. He resigned from the board last year after serving as a member since 2014.

Who, what, where, when and why

What: Report matter: Firm seeks to overturn planning refusal over involvement of jailed Bord Pleanála deputy chair. Procedural stage: appeal

When:

Case subjects

Courtstown Industrial Estate

Applicant

Deputy Chairperson Paul Hyde

Appellant

Plea: Guilty

Outcome: Earlier this year, Mr Hyde was given a two month jail sentence over breaches of planning laws.

Little Island

Applicant

Places mentioned

Court Venue
  • Courtstown Industrial Estate
  • High Court
  • The District Court
Secondary Mention
Residence

Topics

Stage Appeal

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