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A Co Donegal businessman jailed for nine weeks last year arising out of illegal dumping has brought a High Court action alleging another waste disposal company is operating a waste facility without proper planning permission.
The case is by Jim Ferry who was subject of earlier proceedings by Donegal County Council over the operation and storage of waste at a site at Rossbraken, Co Donegal by his former company, Ferry Refuse Collection.
The council claimed, instead of properly disposing of the waste, Mr Ferry illegally buried it on the lands. Waste collection and storage ceased at that site in 2017.
Mr Ferry, who said he made every effort to deal with the breaches of his Waste Facility Permit and remove waste from the site, was jailed for nine weeks last year over his failure to comply with certain court orders.
In his own proceedings, the businessman claims, while he was dealing with the council, he brought to its attention that other waste operators were involved in illegal activities.
Represented by Eanna Mulloy SC, instructed by solicitor John Geary, Mr Ferry claims another waste facility, located a few miles from where his former business was based, is operating without proper planning permission. He claims that facility at Labbadish, Manorcunningham, Letterkenny, is operated by John Caulderbanks, trading as D&M Services, and D&M Environmental Services Ltd, trading as DM Waste.
In proceedings brought under Section 160 of the 2000 Planning and Development Act and the 1996 Waste Management Act, Mr Ferry seeks various court orders, include orders restraining continuation of the alleged unauthorised development at Labbadish, Manorcunningham as a waste and recycling storage facility. He also seeks orders preventing the respondents disposing or recycling waste that is damaging the environment at the waste facility which he says adjoins the Corkery River upstream from Lough Swilly.
The matter was briefly mentioned before Mr Justice Charles Meenan on Monday.
Following an application by Gareth McGrory BL for time to allow the respondents reply to the allegations, the matter was adjourned to a date later this month.