Challenge to refusal of Oxigen recycling facility is dismissed

High Court Reporter

The High Court has dismissed a challenge by Oxigen to a refusal to grant planning permission for a waste recovery and recycling facility in Dundalk, Co Louth.

Oxigen Environmental Unlimited Company brought the challenge against the decision of the planning appeals body, An Coimisiún Pleanála (ACP), over its refusal for the facility at Ardee Road, Carnabreagh, Dundalk.

Louth Co Council, which had also refused permission, was a notice party.

The facility would recover and recycle municipal solid waste.

Oxigen argued, among other things, there was no basis either in law or in fact for the determination that the development would seriously injure the residential amenities of properties in the immediate proximity by reason of air quality and noise effects.

There are three residential properties in the vicinity which may be impacted by the proposal, the ACP inspector said.

The company also claimed ACP erred in law and in fact for the determination that the facility would have the potential to affect the hydrological regime underlying the site or that it has the potential, in turn, to have a significant effect on the water supply.

ACP rejected the claims and opposed the challenge.

In a judgment, Mr Justice Richard Humphreys said, among other things, that ACP's conclusions in this case "fell within its zone of evaluative judgement and unreasonableness has not been demonstrated".

"Applying the relevant law to the facts here, insofar as the wording of the decision is semantically sub-optimal, it can be read in a way that makes sense and is valid," he said.

He dismissed the case.