A local man has brought a High Court challenge to An Bord Pleanála's granting of planning permission for an incinerator/ waste management facility at Carranstown, Duleek, Co Meath.
Mr Eric Martin, Newlanes, Duleek, claims the board's decision was unlawful and should be quashed. His challenge opened yesterday before Mr Justice Quirke and is being opposed by An Bord Pleanála, the State and the developer of the facility, Indaver Ireland.
Mr Paul Sreenan SC, for Mr Martin, a member of the No Incineration Alliance (comprising farmers, locals and business people living in the vicinity of the proposed incinerator), said the application was primarily for a judicial review of the board's decision.
A central issue for the court was whether the Environmental Impact Assessment Directive of the European Commission had been properly transposed into Irish national law and whether, accordingly, the decision to grant planning permission was a decision which complied with the test of legality.
Mr Martin would argue that the granting of permission was unlawful because it did not follow an environmental impact assessment carried out in accordance with the European directives.
An Bord Pleanála would argue that it carried out the assessment in accordance with national law and that there was provision in Irish law to transpose those European directives into national law.
Mr Martin contended that was not a good defence because the national transposing provisions were themselves not compliant with the EU Directive.
The hearing continues today.