The High Court has rejected a Co Meath man's bid to overturn the granting of planning permission for an incinerator near Duleek.
The court has also said it will ask the Supreme Court to make a final determination on an important point of law likely to affect similar environmental cases, including a challenge to the development of the State's first toxic waste incinerator at Ringaskiddy, Co Cork.
While dismissing Mr Eric Martin's judicial review challenge on all grounds, Mr Justice Smyth said he would ask the Supreme Court to determine a legal question raised in the case — as to whether an EC Directive relating to the carrying out of environmental impact assessments has been properly transposed into Irish law.
While he himself had rejected Mr Martin's claim that the Directive had not been propoerly transposed, the judge noted the issue of the transposition of the Directive had implications for other legal cases and public projects and said he believed the issue should be finally determined.
The judge asked the parties to make submissions on the precise wording of the question to be decided by the Supreme Court and said he would adjourn this, and all other matters, including costs applications, to December 7th.
The fact that the matter will now go to the Supreme Court will further delay the development of the proposed incinerator.
The 25 acres site of the proposed development at Carranstown is about three kilometres north of Duleek and some two kilometres from Donore village.
Mr Martin, of Newlanes, Duleek, is a retired production manager and a member of the No Incineration Alliance, which is a group of farmers, local residents and business people living in the vicinity of the proposed incinerator.
Meath County Council had in 2002 granted permission for the development, subject to certain conditions including that the facility would only accept waste which was generated and produced in the north east region of Counties Louth, Meath, Cavan and Monaghan and that the annual tonnage for thermal treatment/recycling would not exceed 172,000 tonnes a year.
Indaver appealed that latter condition while a number of people appealed the decision to grant permission.
An Bord Pleanala held an oral hearing over four days after which its inspector recommended permission be refused. However, the Board decided on March 3rd 2003 to grant permission.