A group of Co Galway residents have brought a High Court challenge to a decision to issue a waste facility permit for a facility close to their homes.
Members of the 'Ballinasloe Says No' campaign oppose Galway Co Council's decision to grant a permit allowing Sean Curran, of Barna Waste, to operate a waste facility at Pollboy, Ballinasloe.
In proceedings against the council, the locals claim that the decision is flawed because of a failure to consider the possible adverse consequences and impact the facility would have on a nearby Special Area of Preservation (SPA).
The residents all live approximately 2km from the proposed facility, the court heard.
They claim the operator intends to carry out various activities including disposing of inert waste, as well as the recycling of inorganic materials and waste storage.
The facility is located on a 1.25-hectare site south of Ballinasloe on the floodplain of the River Suck and is approximately 1.5km away from the designated SPA - the River Suck Callows site.
The residents claim that, under provisions of the EU Habitats Directive, an Appropriate Assessment (AA) of the proposed facility should have been carried out by the council before it decided to grant the permit.
They claim no AA was carried out.
Mr Curran is a notice party to the action.
The matter came before Mr Justice Seamus Noonan, who on an ex parte (one side only represented) basis, granted the residents permission to bring proceedings against the local authority.
The residents seek an order quashing the council's decision of March 29.
The judge made the matter returnable to October.