Midlands recycling facility directors face jailover alleged contempt of court

A court order that a waste recycling facility in the Midlands can only accept construction and demolition waste has been persistently breached, a High Court judge has been told.

Mr Justice Garrett Simons was told that residents living close to a site operated by Oxigen Environmental at Barnan, Daingean, in Co Offaly,  claim the facility is in persistent breach of the terms of an order given by him last September.

The residents had brought High Court proceedings against the facility's operator Guessford Ltd, trading as Oxigen Environmental. The residents argued that certain activities being carried out at the facility was breach of its planning permission.

The residents who brought the action are Elaine Kelly Dunne, Noel Moore, Ann Flynn, David Kelly, Annette McGrath, Lousie O'Sullivan, Claire Moore Matt Kelly and Michael Kelly.

Arising out of the alleged contempt the local residents have brought fresh proceedings seeking the attachment and possible committal of of parties including the company's directors Mr Sean Doyle and Mr Alan Doyle.

In his judgement last September Mr Justice Simons made orders prohibiting the site from accepting any other type of waste material, other than construction and demolition waste.

The judge made the order after finding that the conditions of the planning permission granted to the operators of the facility, were such that only construction and demolition waste can be accepted at the site.

The facility, the judge added, cannot accept other material such mixed dry recyclables, was from household or commercial skips or waste from civic amenity sites.

Represented by Oisin Collins SC, Margaret Heavey Bl instructed by solicitor Aoife O'Connell the residents returned before the High Court this week claiming that the court's order has not been complied with.

It is alleged that there has been no change in activity at the site, and communications about the alleged breaches of the court's decision have not been heeded by the defendant company. 

They claim that commercial, timber and municipal waste is being processed at the site, resulting in associated noise and dust emissions.

Mr Justice Simons granted the residents permission to bring and serve a motion seeking the defendant's directions attachment and committal to prison for the alleged breach.

The matter will return before the court early next week.  

In their action the residents claimed that activities on the site were confined to the recycling of construction and demolition waste only, and it could not accept and treat other waste including non-inert commercial or municipal waste.
Opposing the action Oxigen had argued that it was authorised, thanks to a permit initially granted by Offaly Co Council in 2010, to carry out a much broader range of activities at the facility, including receiving and treating commercial waste and timber.

No organic or household waste is accepted at the facility, it added.

In his judgement Mr Justice Simons said the court had been asked to determine the extent of what activities Oxigen can carry out at the facility under the planning permission. 

The court added that it also had to assess evidence put before it to determine whether any of the activities carried out at the waste facility fell outside of the authorised use.

Ruling in favour of the residents the judge said he was satisfied that the planning permit allows Oxigen to only accept construction and demolition for recycling at the facility. 

Such material, the judge said, included stone and soil from excavations, brick rubble and concrete.

Other material could not be accepted at the site, he said.

The judge also made an order prohibiting Oxigen from accepting fridges, waste electrical and Electonic equipment, beds mattresses, sofas and tyres and the treatment of timber, by shredding at the site.