Request to postpone Nobber incinerator hearing denied

The North East Against Incineration (NEAI) group is seeking legal advice to try to stop the oral hearing into a proposed incinerator in Nobber going ahead next Tuesday, after a request by the group to postpone the hearing was turned down by An Bord Pleanala. At a preliminary hearing on Monday, the NEAI group outlined a number of reasons for seeking a postponement of the full hearing, including the fact that some people who made valid submissions were not informed about the hearing, other people were away on holidays and had not received their registered letters and also because elected representatives from neighbouring local authorities were only invited to make submissions on 28th July. However, their request was refused by An Board Pleanala and the full hearing is due to go ahead as planned on Tuesday, 26th August. College Proteins is planning to build a biomass combined heat and power (CHP) plant and associated ash landfill facility adjacent to its existing meat rendering plant at College Road, Nobber. College Proteins say that, operating at full capacity, the facility would be capable of processing 105,000 tonnes of biomass per year and would produce eight mega watts of electricity, two of which would be used by the plant, while the remaining six mega watts would be exported to the national grid, enough to power 4,000 homes. The preliminary hearing was to ascertain the number of submissions to be made to the full oral hearing, the approximate time they would take, and if the observers intended to call expert witnesses. Senior Planning Inspector Pauline Fitzpatrick then outlined the agenda for the full hearing. College Proteins will present their submission next Tuesday (26th August), Wednesday and Thursday. Meath County Council Cathaoirleach Liz McCormack will speak on the morning of Friday, 29th August, followed by submissions from the North East Against Incineration Group which will continue on 1st and 2nd September. The remaining observers will be dealt with over 3rd and 4th September and the question module will take place on 5th September. Gavin Lawlor of Tom Philips and Associates, representing College Proteins, said they would have approximately 15 expert witnesses and 20 presentations. Speaking on behalf of Meath County Council, solicitor Rory McEntee said the executive had made their submission and he did not envisage that they would be calling any evidence and were happy to rely on their written submissions. He said their officials would be available to be cross examined. Ms Fitzpatrick requested that representatives from the planning, roads, sanitary services and environment sections of the council be available to answer any queries she may have arising from the hearing. Among those to make submissions at the oral hearing are Deputy Shane McEntee, Deputy Thomas Byrne, Meath County Council Cathaoirleach Liz McCormack, Cllr Eugene Cassidy, Cllr Michael Gallagher, Cllr Sean McKiernan, Noel Meade, a number of local national schools, local IFA branches, a number of local GPs and numerous individual and community groups. The Eastern Regional Fisheries Authority will also make a submission. At the hearing, the NEAI group requested a postponement of the hearing raising a number of issues. Dr Martin White (NEAI) said the communities did not have time to prepare themselves properly and resource itself in terms of finance and experts and Larry McEntee (NEAI) said that correspondence sent out to other local authorities was only sent out on 28th July and this did not allow people make valid submissions as no council meetings take place during the month of August. 'People are being deprived of proper representation. Why was it not referred to other local authorities at the same time as it was to Meath County Council?' he said. Cllr Eugene Cassidy supported this point and said that before a council can make an observation it must be ratified by the councillors, which they could not do as there was no meeting. NEAI Chairperson Christy O"Reilly said that at least two people who made valid submissions were not included in the schedule of correspondence and that they had a right to be represented. On this point, Ms Fitzpatrick said she would endeavour to clarify the position and would report back at the beginning of the oral hearing next week. 'We don"t intend to prejudice anybody"s rights to make submissions and we will be facilitating them as much as we can.' However, Deputy Shane McEntee said an Bord Pleanala did not have 'their house in order' and that to wait until the hearing starts was unacceptable. 'Some people were not given the same notification as everybody else,' he said. In terms of the local authorities, Ms Fitzpatrick said the procedures had been complied with and that no representations had been received from the local authorities. She said that if the local authorities wished to make a submission they would be facilitated and that there were no grounds to postpone the hearing. She also said that An Bord Pleanala is bound by legislation to deal with applications as expeditiously as possible and are required to make a decision within 18 weeks of the close of date of submissions, which was 2nd July. She also said the timing was not intended to cause disadvantage to any party. Speaking after the preliminary hearing, NEAI Chairperson Christy O"Reilly said they would be talking to their legal representatives and that the group wants to have the hearing postponed for two months on the issues presented. He reiterated that registered letters were sent out, but that a number of people were away on holidays and that a number of people who made valid submissions were not on the schedule of correspondence and they had a right to make submissions to the hearing. 'People are being disenfranchised. These people paid their fee, went to the trouble of writing valid submissions, but they haven"t had the opportunity to prepare properly for it.' He also said that though Meath County Council was asked for its submission on 9th May, local authorities in Louth, Cavan, Monaghan, Westmeath, Kildare, Fingal and Offaly only received letters on 28th July and hadn"t had a chance to discuss this and any submission must be ratified by the elected members. Mr O"Reilly also said that local authorities in Northern Ireland had not been informed and they should have been mentioned in the public notice. College Proteins has been operating a rendering plant on the outskirts of Nobber since 1989 and currently employs 80 people. If the meat and bone meal incinerator is granted permission, it would provide 18 new permanent jobs and up to 100 people would be employed during its two-year construction period. John Gilroy, Chief Executive of College Proteins said: 'The company has its roots in Nobber for the past 18 years and at all times, we have sought to do our business in a responsible and accountable way. These standards also guide our approach to this project. We have engaged fully and openly with our neighbours and with all other interested parties, and I am confident that during this public hearing, we will allay any concerns which people have.'