He claims there are various errors in the board’s decision, including that it failed to consider relevant material, such as the Ennis local area plan. He says the board acted irrationally and unreasonably in how it came to its conclusion on the scheme.
The planning application before the board was not valid as it did not contain evidence that state body Irish Water had confirmed there was sufficient capacity in the local wastewater network, he alleges. Instead, he says, Irish Water said capacity would be there if upgrade works are carried out. As part of his case, he is asking the court to declare that the State has failed to adequately transpose a section of the EU’s Urban Wastewater Directive. The Environmental Protection Agency should be directed to review the Ennis North wastewater treatment plant licence, he adds.
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