CALNI granted leave by High Court for judicial review of Minister Poots intention to approve planning for Moy Park incinerator

The Communities Against the Lough Neagh Incinerator (CALNI) has been granted leave by the High Court in Belfast to have a judicial review of Minister Edwin Poots’ announcement to approve planning permission for the Moy Park waste incinerator at Glenavy.

In their application for judicial review, CALNI’s lawyers have submitted no fewer than eight separate grounds of challenge to the Department of Environment.

The matter is listed for mention in the High Court on 30th September 2010 and a substantive hearing should take place before Christmas.

Reacting to the announcement CALNI President Danny Moore said today,

“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 into the incinerator planning application.

“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.



Documents attached

  1. Click here to read or print the Application for Leave for Judicial Review submitted by Carson McDowell Solicitors, lawyers for CALNI on 1st September 2010.
  2. Click here to read or print the notice from High Court granting leave for Judicial Review on 27th September 2010.

About the Moy Park incinerator

  1. Since its takeover of O’Kane Poultry this year, Moy Park is now the majority shareholder in the venture behind the Glenavy incinerator called Rose Energy. CALNI has decided for the sake of public clarity and understanding to therefore describe the incinerator project as the Moy Park Incinerator.
  2. The proposed incinerator site lies off the Ballyvannon Road near Glenavy in the green belt. It lies within an Area of High Scenic Value. It is also adjacent to a European Special Protected Area of Special Scientific Interest and RAMSAR wetland.
  3. At 6.4 acres in built form including an 80 metre chimney stack as tall as Windsor House in Belfast, the Incinerator will totally blight the local rural landscape. It will be visible from 80% of the surface water of Lough Neagh and from every County which borders the Lough.
  4. The incinerator will extract 3.84 million litres of water per day from Lough Neagh to cool the incinerator. The company will discharge 1.2 million litres of treated effluent back into the Glenavy River on a daily basis at a temperature anywhere between one and eight degrees Celsius warmer than the river temperature. This will have a devastating impact on the river ecosystem and aquatic life.
  5. 7,000 people have objected to the incinerator proposal. The CALNI Group has spent £400,000 to date and will use further significant resources to fight the incinerator planning permission using various retained planning, environmental and legal experts. The Barristers and Solicitors retained by CALNI have experience of taking planning cases to Europe.
  6. Key arguments against the proposal include:
    • The applicant’s deeply flawed site selection evidence. CALNI’s own consultants have objectively found 30 better suited sites in Northern Ireland which are mainly based within industrial areas.
    • The incinerator proposal is described as a biomass power plant – yet no details of how it will be connected to the grid have been published. The nearest grid connection is 15 miles away and CALNI expects massive opposition and uproar once these details emerge. Thus, without a connection the electricity grid the incinerator is a ‘burnhouse’ – not a power plant producing electricity.
    • CALNI understands that the incinerator requires approximately £30 million of capital funding from Invest NI. CALNI argues that this money should have been made available through a public tendering process to secure ‘best value’ for the public purse. There are numerous issues of public interest to do with the funding and economics of the project which are not being disclosed to CALNI and the media.


For further information contact Sheila Davidson at CALNI on 077 8579 3672
Nick Bell at Strategic Planning 079 1862 8606  [email protected]

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