Incinerator objectors win judicial review into planning decision

THE Communities Against the Lough Neagh Incinerator (CALNI) has been granted leave by the High Court in Belfast to have a judicial review of Environment Minister Edwin Poots' decision to approve planning permission for the chicken waste incinerator at Glenavy.

In their application for judicial review, CALNI's lawyers submitted eight separate grounds of challenge to the Department of Environment and it is now anticipated a hearing could take place before Christmas.

Reacting to the announcement CALNI President Danny Moore said: "This is a very important step for our community and we are grateful that Mr Justice Treacy has granted leave to hear our concerns regarding the conduct of Planning Service and the Minister in relation to this extremely controversial planning application.

"The 7,000 people who have objected to this proposal deserve a public inquiry. It is an outrage that a community group made up of ordinary people from all walks of life has been forced to undertake huge expense to have its legitimate concerns heard in an objective forum, free from political interference," concluded Mr Moore.

The news comes in the same week that a motion in the Assembly was halted after the DUP submitted a 'Petition of Concern', which meant the vote after the debate needed a majority of both nationalists and unionists.

Mr Moore blasted the DUP for preventing a vote on the matter. "This is an outrageous abuse of legislative process by the DUP" he said. "They know their Minister is completely wrong on this issue and they know that if the matter goes to an open vote in the Assembly, the motion calling for a Public inquiry will be carried.

"The people who objected to the incinerator will be very angry the DUP have used a sectarian voting device on a completely non-sectarian issue in Glenavy. People of all faiths and political allegiances oppose the location of this incinerator on the shores of Lough Neagh in an area of outstanding natural beauty.

"The DUP's actions mark a very low point for democracy in Northern Ireland."

The use of the 'Petition of Concern' was also criticised by Sinn Fein MLA Paul Butler, who described it as 'an attempt to suppress democratic debate around the issue'.

"Despite the fact that DUP public representatives including MP's, MLAs and Councillors in both Lisburn and Antrim publicly and privately expressed strong opposition to the incinerator, the DUP effectively closed down any meaningful debate by tabling a procedural petition" he said.

"It would appear that rather than listen to the voice of the electorate and concerns of other established business in the area the DUP has chosen to defend a bad and undemocratic decision taken by its Minister. This action will not dampen the enthusiasm of those opposed to this act of environmental vandalism, but will give the campaign a renewed impetus to succeed."

SDLP MLA Thomas Burns also criticised the move but said he did not just blame the DUP.

"Officials at the Department of Agriculture are strongly backing the proposal, even though Minister Michelle Gildernew was most vociferous in her rejection of a proposal for an incinerator in Co. Cavan, next door to her own constituency" he said.

"We need this debate and we need this public inquiry. The campaign against the incinerator is a fine example of cross-community co-operation which has not only right but good sense on its side. Sinn Fein should put this motion back on the agenda. If they don't, I certainly will," he concluded.

julieann.spence@ulsterstar.co.uk

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