An application by local residents for leave to challenge the proposed development of the State's first toxic waste incinerator at Ringaskiddy, Co Cork, could not proceed at the High Court this afternoon because no judge was available to hear it.
When the case was called this morning, Mr Michael Collins SC, for the residents, was told by Mr Justice Quirke that, because the relevant court lists are full, the leave application is unlikely to be heard before Christmas.
Mr Paul Gardiner SC, for Indaver Ireland, the company which plans to build the incinerator, then asked the judge to adjourn the case for mention to tomorrow to allow him to take instructions.
Mr Gardiner indicated, in light of the likely delay in hearing the leave application, his client might decide to take "a particular course".
He did not state what that course might be.
One option available to Indaver is not to contest the application for leave which would then mean the case would then move more quickly to a full hearing.
That would mean there would be a final determination of the matter earlier than if there were to be an initial leave hearing followed by the full hearing. The residents are seeking leave to bring a judicial review challenge to the proposed development.
Applications for judicial review of planning decisions have to be made on notice to the affected parties. The proposed challenge is being brought against An Bord Pleanala, Ireland and the Attorney General.
Today's brief court hearing, which had been listed, came within hours of the Environmental Protection Agency disclosing that it is proposing to issue a draft waste management licence for the Indaver development.
Following the proposed determination by the EPA, objections may then be lodged and it may be some time before a final decision is made. The Ringaskiddy plant will cost €75 million initially and will handle some 100,000 tonnes of hazardous and non-hazardous industrial and commercial waste annually.
It may be operational in 2007, employing some 50 people. Indaver is also proposing to build, at a cost of €85 million, a municipal incinerator at Duleek, Co Meath, to handle some 150,000 tonnes of non-hazardous waste annually. An Bord Pleanala granted planning permission for the Ringaskiddy plant on January 15th last.
In their proposed proceedings, the residents are seeking to overturn that permission on several grounds, including that it breaches an EC Directive.
It is undertsood they will also seek to challenge the constitutionality of various provisions of the Local Government (Planning and Development) Act 1963, the Environmental Protection Agency Act 1992 and the Waste Management Act 1996.
The residents group includes Ms Mary O'Leary, a mother and environmental scientist, of Spy Hill, Cobh and the Ringaskiddy and District Residents Association.