The Excessive Courtroom has adjourned for a 12 months a problem introduced by a businessman, who was jailed for 9 weeks arising out of unlawful dumping in Co Donegal, towards one other waste disposal firm.
Ms Justice Miriam O’Regan mentioned she was glad the event at challenge was at present unauthorised however granted the adjournment to permit the respondents proceed their efforts to regularise their place, together with by looking for substitute consent.
She additionally described the applicant, Jim Ferry, as “a infamous environmental polluter in Donegal” whose causes in bringing the proceedings had been, she mentioned, “at greatest”, “extremely suspicious”.
They had been, at worst, disconnected from environmental considerations and motivated by a private grievance, she mentioned.
In proceedings beneath Part 160 of the 2000 Planning and Improvement Act and the 1996 Waste Administration Act, Mr Ferry claims a waste facility close to Manorcunningham has been working with out correct planning permission.
That facility, positioned at Labbadish, Manorcunningham, Letterkenny, is operated by companies John Caulderbanks, buying and selling as D&M Providers, and D&M Environmental Providers Ltd, buying and selling as DM Waste.
In a lately revealed, judgment Ms Justice O ‘Regan mentioned she was glad to adjourn the matter for a 12 months to permit the respondent companies time to regularise their planning state of affairs.
After contemplating the planning historical past, the decide was glad the event, which had been regulated for many of its existence, was at present unauthorised.
Donegal Co Council had issued a warning letter to the respondents in 2018, adopted by two enforcement notices requiring cessation of the usage of lands as a waste facility however didn’t proceed additional with these issues, she mentioned.
This was as a result of the respondents had been making ongoing makes an attempt to regularise their state of affairs.
This was being achieved earlier than Mr Ferry initiated his proceedings, the decide added.
An inspector from An Bord Pleanala discovered, whereas the event was unauthorised, this shouldn’t be a bar to granting ‘substitute consent’ which might enable the respondents proceed to function the ability, the decide mentioned.
The respondents’ engagement with the planning authorities had additionally been delayed on account of developments within the legislative course of, she discovered.
The court docket heard that Mr Ferry was topic of separate proceedings by Donegal County Council over the operation of, and storage of waste, at Rossbraken, Co Donegal by his former firm Ferry Refuse Assortment.
These proceedings arose after the council claimed, as a substitute of correctly disposing of the waste, Mr Ferry illegally buried it on the lands.
Waste assortment and storage ceased at that web site in 2017.
Mr Ferry, who mentioned he made each effort to cope with breaches of his waste facility allow and take away waste from the positioning, was jailed for 9 weeks in 2019 over his failure to adjust to sure orders made by the Excessive Courtroom.
Mr Ferry claimed, whereas coping with the native authority in relation to his personal enterprise, he delivered to its consideration different waste operators had been concerned in unlawful actions.
He claimed nothing was achieved about that and, in his proceedings towards the D&M entities, sought orders restraining them persevering with the alleged unauthorised improvement by utilizing the lands at Labbadish, Manorcunningham as a waste and recycling storage facility.
Opposing the applying, the respondents claimed Mr Ferry’s motion was motivated by his private grievance and a marketing campaign of retribution towards them, allegations which he denied.
The respondents gave an in depth planning historical past, accepting enforcement notices had been served on the positioning by the native authority, however mentioned they’ve been trying to regularise the state of affairs since 2018.
Ms Justice O’Regan mentioned, based mostly on the proof earlier than the court docket and selections from the upper courts in relation to Part 160 functions, she was adjourning the motion for a 12 months.
This was to permit functions by the respondents to An Bord Pleanala, for substituted consent, and to Donegal County Council concerning the companies acquiring future planning permission to proceed to make use of the positioning, to take their course.
Any closure of the respondents’ enterprise would have opposed have an effect on in Co Donegal, she mentioned.