Businessman Ben Dunne has sought planning permission to develop a gym and six all-weather soccer pitches on the site of the former Presentation Brothers playing fields at Glasthule, Co Dublin.
The former Dunnes Stores supremo plans to demolish the existing changing rooms and construct a two-storey fitness centre, the pitches and nearly 250 car parking spaces.
Dunne agreed to buy the 4.3-acre site in November 2008 for more than the asking price of €5m, subject to approval by the Representative Church Body.
Dunne owns gyms at Blanchardstown, Kimmage and Ballymun in Dublin. Last week he said he plans to expand into Europe using his low-cost model. Dunne has told the Sunday Tribune that, when he withdrew swimming and other facilities at Blanchardstown last year, he lost about 500 of the gym's 8,000 members.
Sunday Tribune
www.buckplanning,ie
Sunday, 28 February 2010
City council cannot sell €30m worth of houses
THE country's biggest local authority has been left with almost €30 million worth of houses that it cannot sell.
The houses, part of the affordable homes scheme, were built to allow people on smaller salaries to get a foot on the property ladder.
However, owing to the crash in property values and in the economy as a whole, Dublin City Council has been left with 197 homes that it cannot sell, even at prices significantly below market values.
The homes, which range in price from €115,000 to €280,000, are located across the city in areas such as Drumcondra, Finglas and Dublin 8.
The city council said it could not put a price on the value of the unsold properties but a conservative estimate of the stock is €30m, on the basis that each property is worth an average of €150,000.
A spokesman for the council said five of the houses were under negotiation for sale and that other options for the affordable homes were being considered.
"The plan obviously is to sell them but, as everybody knows, the market is slow and that applies across all aspects of it," the spokesman said.
"We may look at a rent-to-buy scheme in the near future because interest at the moment is slow and that is reflecting the general housing market.
"It is hard to give an accurate figure for how much the properties are worth as some of them involved land exchanges with developers."
Sales of affordable homes almost halved in 2009 when 215 units were sold compared to a high of 407 in 2008.
Some of the properties are in highly desirable locations with one- and two-bedroom apartments for sale in the Heuston South Quarter development.
One- and two-bedroom apartments, starting at €200,000 are also for sale near Grace Park Road in Drumcondra, Dublin City Council said.
Sunday Tribune
www.buckplanning.ie
The houses, part of the affordable homes scheme, were built to allow people on smaller salaries to get a foot on the property ladder.
However, owing to the crash in property values and in the economy as a whole, Dublin City Council has been left with 197 homes that it cannot sell, even at prices significantly below market values.
The homes, which range in price from €115,000 to €280,000, are located across the city in areas such as Drumcondra, Finglas and Dublin 8.
The city council said it could not put a price on the value of the unsold properties but a conservative estimate of the stock is €30m, on the basis that each property is worth an average of €150,000.
A spokesman for the council said five of the houses were under negotiation for sale and that other options for the affordable homes were being considered.
"The plan obviously is to sell them but, as everybody knows, the market is slow and that applies across all aspects of it," the spokesman said.
"We may look at a rent-to-buy scheme in the near future because interest at the moment is slow and that is reflecting the general housing market.
"It is hard to give an accurate figure for how much the properties are worth as some of them involved land exchanges with developers."
Sales of affordable homes almost halved in 2009 when 215 units were sold compared to a high of 407 in 2008.
Some of the properties are in highly desirable locations with one- and two-bedroom apartments for sale in the Heuston South Quarter development.
One- and two-bedroom apartments, starting at €200,000 are also for sale near Grace Park Road in Drumcondra, Dublin City Council said.
Sunday Tribune
www.buckplanning.ie
Locals question transparency of Lansdowne fund
DEVELOPERS involved in the Lansdowne Road stadium have taken issue with local criticism that their community fund is not transparent in terms of financial grants.
The Lansdowne Road Stadium Development Company (LRSDC) provides €100,000 every year for community schemes but as the stadium nears completion, the distribution of funds is causing tension.
Labour councillor Dermot Lacey, a member of the project monitoring committee, said he would raise the concerns at the next meeting and that he assumed the amounts given to groups were made public.
A spokesman for the LRSDC said there were clear reasons for not revealing sums. "A great deal of thought was given to this. In the final analysis it was felt that by revealing amounts of money, it could be divisive in a small community. We felt that it was enough that individual projects were helped and that this was acknowledged."
A well-placed local source, who asked to remain anonymous on the basis of ongoing applications, said: "Groups are complaining that they aren't getting a fair shake of the stick or wondering what other people are getting. It's great for the community but like any funds there should be clarity around the area and who it's allocated to.
"What is happening in reality is that there isn't a wide advertisement of the fund. A lot of people don't know about it. There are a lot of football clubs who don't know about it and later stumble upon it. When they go to distribute the money we don't know who gets how much."
Every application for funding is put before an independent, qualified assessor and reports are compiled. The process "could not be more transparent", says the LRSDC.
Lacey said while criticisms of a lack of awareness were not reflected in the level of interest shown in the fund, it was publicised in local media.
"It has worked well by and large but if there are issues about it we are happy to take them up," he said.
He also defended two decisions made last year that directly benefited the FAI.
One funded the body for "intercultural soccer events"; the other was allocated to Vintage Docklands FC as a "contribution towards FAI coaching courses for staff".
Lacey said both were for community benefit.
Sunday Tribune
www.buckplanning.ie
The Lansdowne Road Stadium Development Company (LRSDC) provides €100,000 every year for community schemes but as the stadium nears completion, the distribution of funds is causing tension.
Labour councillor Dermot Lacey, a member of the project monitoring committee, said he would raise the concerns at the next meeting and that he assumed the amounts given to groups were made public.
A spokesman for the LRSDC said there were clear reasons for not revealing sums. "A great deal of thought was given to this. In the final analysis it was felt that by revealing amounts of money, it could be divisive in a small community. We felt that it was enough that individual projects were helped and that this was acknowledged."
A well-placed local source, who asked to remain anonymous on the basis of ongoing applications, said: "Groups are complaining that they aren't getting a fair shake of the stick or wondering what other people are getting. It's great for the community but like any funds there should be clarity around the area and who it's allocated to.
"What is happening in reality is that there isn't a wide advertisement of the fund. A lot of people don't know about it. There are a lot of football clubs who don't know about it and later stumble upon it. When they go to distribute the money we don't know who gets how much."
Every application for funding is put before an independent, qualified assessor and reports are compiled. The process "could not be more transparent", says the LRSDC.
Lacey said while criticisms of a lack of awareness were not reflected in the level of interest shown in the fund, it was publicised in local media.
"It has worked well by and large but if there are issues about it we are happy to take them up," he said.
He also defended two decisions made last year that directly benefited the FAI.
One funded the body for "intercultural soccer events"; the other was allocated to Vintage Docklands FC as a "contribution towards FAI coaching courses for staff".
Lacey said both were for community benefit.
Sunday Tribune
www.buckplanning.ie
Locals question transparency of Lansdowne fund
DEVELOPERS involved in the Lansdowne Road stadium have taken issue with local criticism that their community fund is not transparent in terms of financial grants.
The Lansdowne Road Stadium Development Company (LRSDC) provides €100,000 every year for community schemes but as the stadium nears completion, the distribution of funds is causing tension.
Labour councillor Dermot Lacey, a member of the project monitoring committee, said he would raise the concerns at the next meeting and that he assumed the amounts given to groups were made public.
A spokesman for the LRSDC said there were clear reasons for not revealing sums. "A great deal of thought was given to this. In the final analysis it was felt that by revealing amounts of money, it could be divisive in a small community. We felt that it was enough that individual projects were helped and that this was acknowledged."
A well-placed local source, who asked to remain anonymous on the basis of ongoing applications, said: "Groups are complaining that they aren't getting a fair shake of the stick or wondering what other people are getting. It's great for the community but like any funds there should be clarity around the area and who it's allocated to.
"What is happening in reality is that there isn't a wide advertisement of the fund. A lot of people don't know about it. There are a lot of football clubs who don't know about it and later stumble upon it. When they go to distribute the money we don't know who gets how much."
Every application for funding is put before an independent, qualified assessor and reports are compiled. The process "could not be more transparent", says the LRSDC.
Lacey said while criticisms of a lack of awareness were not reflected in the level of interest shown in the fund, it was publicised in local media.
"It has worked well by and large but if there are issues about it we are happy to take them up," he said.
He also defended two decisions made last year that directly benefited the FAI.
One funded the body for "intercultural soccer events"; the other was allocated to Vintage Docklands FC as a "contribution towards FAI coaching courses for staff".
Lacey said both were for community benefit.
Sunday Tribune
www.buckplanning.ie
The Lansdowne Road Stadium Development Company (LRSDC) provides €100,000 every year for community schemes but as the stadium nears completion, the distribution of funds is causing tension.
Labour councillor Dermot Lacey, a member of the project monitoring committee, said he would raise the concerns at the next meeting and that he assumed the amounts given to groups were made public.
A spokesman for the LRSDC said there were clear reasons for not revealing sums. "A great deal of thought was given to this. In the final analysis it was felt that by revealing amounts of money, it could be divisive in a small community. We felt that it was enough that individual projects were helped and that this was acknowledged."
A well-placed local source, who asked to remain anonymous on the basis of ongoing applications, said: "Groups are complaining that they aren't getting a fair shake of the stick or wondering what other people are getting. It's great for the community but like any funds there should be clarity around the area and who it's allocated to.
"What is happening in reality is that there isn't a wide advertisement of the fund. A lot of people don't know about it. There are a lot of football clubs who don't know about it and later stumble upon it. When they go to distribute the money we don't know who gets how much."
Every application for funding is put before an independent, qualified assessor and reports are compiled. The process "could not be more transparent", says the LRSDC.
Lacey said while criticisms of a lack of awareness were not reflected in the level of interest shown in the fund, it was publicised in local media.
"It has worked well by and large but if there are issues about it we are happy to take them up," he said.
He also defended two decisions made last year that directly benefited the FAI.
One funded the body for "intercultural soccer events"; the other was allocated to Vintage Docklands FC as a "contribution towards FAI coaching courses for staff".
Lacey said both were for community benefit.
Sunday Tribune
www.buckplanning.ie
Gormley gets third report on DDDA deal
A third report on the controversial deal in which the Dublin Docklands Development Authority (DDDA) bought the former Irish Glass Bottle site in Ringsend in Dublin has gone to government.
The DDDA has sent the report dealing with the purchase of the site for €400m to Environment Minister John Gormley.
Mr Gormley received two earlier independent consultants' reports on the deal and he has sent them on to the Attorney General for consideration before they can be published.
The fact that these two reports have not yet been published led to a political row last week when former Green senator Deirdre de Burca claimed Mr Gormley was delaying publication because they would embarrass Fianna Fail.
The latest report deals with the DDDA's involvement with joint venture partner Becbay -- which included developer Bernard McNamara and financier Derek Quinlan -- in the purchase of the Ringsend site. That decision resulted in €32m of taxpayers' money being pumped into the site.
PATRICIA McDONAGH
Irish Independent
www.buckplanning.ie
The DDDA has sent the report dealing with the purchase of the site for €400m to Environment Minister John Gormley.
Mr Gormley received two earlier independent consultants' reports on the deal and he has sent them on to the Attorney General for consideration before they can be published.
The fact that these two reports have not yet been published led to a political row last week when former Green senator Deirdre de Burca claimed Mr Gormley was delaying publication because they would embarrass Fianna Fail.
The latest report deals with the DDDA's involvement with joint venture partner Becbay -- which included developer Bernard McNamara and financier Derek Quinlan -- in the purchase of the Ringsend site. That decision resulted in €32m of taxpayers' money being pumped into the site.
PATRICIA McDONAGH
Irish Independent
www.buckplanning.ie
Saudis deny contract for students in Citywest
THE MINISTRY of higher education in Saudi Arabia has denied that it agreed to send hundreds of students to a new private college in Citywest, Dublin.
The Mansfield Group, headed by businessman Jim Mansfield, announced last week that it had secured a contract with the ministry under which 750 Saudi students would attend its new Citywest Institute of Education.
The company said this was the institute’s “first contract” and was worth “in the region of €250 million to Citywest and the local community” over the next 6½ years.
But in a statement on the ministry of higher education’s website, ministry deputy for scholarship affairs Dr Abdullah Al Mosa said the Citywest institute was “not recommended by the ministry and never was contracted”.
Dr Al Mosa said: “The claim that 750 students are going to study English at Mansfield Group’s Citywest institute is far from real.”
A spokesperson for Mr Mansfield said yesterday that neither he nor anyone from the group was available for comment “at this time”. Mr Mansfield is the owner of the Citywest Hotel and conference centre and the Weston Aerodrome in Baldonnel, Co Dublin.
The Department of Education, which stressed it had “no involvement whatever’’ with the proposed Citywest institute, was alerted to the statement by the Saudi ministry yesterday.
The proposed Citywest institute is due to operate from the former Citywest retail shopping centre, which has failed to attract sufficient tenants.
The Mansfield group is seeking planning permission which would see the centre converted into a 66-classroom college.
It has applied to South Dublin County Council for permission for change of use. A decision on the application is due on March 25th.
In its press statement on February 19th, the Mansfield group said the Saudi ministry “had been seeking a suitable location to establish an international hub for English-language and other courses for some time. After extensive global site evaluation and thorough analysis, the Saudis selected the south Dublin facility as the location that met the standards required by the .”
It said the programme would see “750 Saudi students undertake English language and preparatory third-level courses” at the purpose-built campus.
Each student, it was claimed, would bring an estimated €30,000 to the institute and the local economy. The project also promised to generate 300 jobs, including 100 teaching posts.
It is understood the County Dublin Vocational Education Committee was asked by the Mansfield group to provide English-language and integration education to the students of the institute.
The Department of Education was keen to distance itself from the initiative with a spokesperson saying that it “is not involved in bringing the project here”.
Irish Times
www.buckplanning.ie
The Mansfield Group, headed by businessman Jim Mansfield, announced last week that it had secured a contract with the ministry under which 750 Saudi students would attend its new Citywest Institute of Education.
The company said this was the institute’s “first contract” and was worth “in the region of €250 million to Citywest and the local community” over the next 6½ years.
But in a statement on the ministry of higher education’s website, ministry deputy for scholarship affairs Dr Abdullah Al Mosa said the Citywest institute was “not recommended by the ministry and never was contracted”.
Dr Al Mosa said: “The claim that 750 students are going to study English at Mansfield Group’s Citywest institute is far from real.”
A spokesperson for Mr Mansfield said yesterday that neither he nor anyone from the group was available for comment “at this time”. Mr Mansfield is the owner of the Citywest Hotel and conference centre and the Weston Aerodrome in Baldonnel, Co Dublin.
The Department of Education, which stressed it had “no involvement whatever’’ with the proposed Citywest institute, was alerted to the statement by the Saudi ministry yesterday.
The proposed Citywest institute is due to operate from the former Citywest retail shopping centre, which has failed to attract sufficient tenants.
The Mansfield group is seeking planning permission which would see the centre converted into a 66-classroom college.
It has applied to South Dublin County Council for permission for change of use. A decision on the application is due on March 25th.
In its press statement on February 19th, the Mansfield group said the Saudi ministry “had been seeking a suitable location to establish an international hub for English-language and other courses for some time. After extensive global site evaluation and thorough analysis, the Saudis selected the south Dublin facility as the location that met the standards required by the .”
It said the programme would see “750 Saudi students undertake English language and preparatory third-level courses” at the purpose-built campus.
Each student, it was claimed, would bring an estimated €30,000 to the institute and the local economy. The project also promised to generate 300 jobs, including 100 teaching posts.
It is understood the County Dublin Vocational Education Committee was asked by the Mansfield group to provide English-language and integration education to the students of the institute.
The Department of Education was keen to distance itself from the initiative with a spokesperson saying that it “is not involved in bringing the project here”.
Irish Times
www.buckplanning.ie
Bord Pleanála seeks 'more modest' road
THE NATIONAL Roads Authority (NRA) and Mayo County Council have been sent back to the drawing board by An Bord Pleanála to design a “more modest” alternative to a 19km dual-carriageway bypassing Foxford.
Refusing permission for the proposed scheme, the appeals board said it would “constitute an unacceptable intrusion into the Moy river valley and its designated habitats, and would be contrary to the proper planning and sustainable development of the area”.
The board described the Moy as “a salmon angling resource of major international significance” that contributed to the economy of Co Mayo, noting that it had been designated as a special area of conservation (SAC) and was also a proposed natural heritage area (NHA).
The road scheme, which included two major bridges over the Moy and two interchanges to serve Foxford, had been designed as a dual-carriageway even though an earlier upgrade of the N26 between Ballina and Mount Falcon was a wide single-carriageway.
Referring to existing and future predicted traffic volumes, the board said: “It has not been demonstrated that the proposed road scheme . . . is justified and that a more environmentally and economically sustainable road upgrade scheme is not available.”
In deciding not to accept the planning inspector’s recommendation to grant approval subject to conditions, the board noted the inspector’s concerns about the impact of the two proposed bridge crossings on sites for over-wintering whooper swans.
“The board considered that a precautionary approach needed to be taken in this case, having regard to the predicted traffic flows on the route, and that a more modest upgrade may be acceptable which complements the important resource of the river Moy,” it noted.
This is only the third time Bord Pleanála has refused planning permission for a major road scheme.
The earlier refusals were the 1km Athy inner relief route in Co Kildare, and the Ballybofey-Stranorlar bypass in Co Donegal, which was turned down last October.
In its decision on the Athy scheme, made in June 2005, the board said the proposed route “would fail both as a street and as a relief road because it would continue to bring traffic, including heavy commercial vehicles, through the town centre”.
On the Ballybofey-Stranorlar bypass – a 15km dual-carriageway – the board had concerns about road safety and environmental protection, which it felt required a complete redesign of the scheme.
Irish Times
www.buckplanning.ie
Refusing permission for the proposed scheme, the appeals board said it would “constitute an unacceptable intrusion into the Moy river valley and its designated habitats, and would be contrary to the proper planning and sustainable development of the area”.
The board described the Moy as “a salmon angling resource of major international significance” that contributed to the economy of Co Mayo, noting that it had been designated as a special area of conservation (SAC) and was also a proposed natural heritage area (NHA).
The road scheme, which included two major bridges over the Moy and two interchanges to serve Foxford, had been designed as a dual-carriageway even though an earlier upgrade of the N26 between Ballina and Mount Falcon was a wide single-carriageway.
Referring to existing and future predicted traffic volumes, the board said: “It has not been demonstrated that the proposed road scheme . . . is justified and that a more environmentally and economically sustainable road upgrade scheme is not available.”
In deciding not to accept the planning inspector’s recommendation to grant approval subject to conditions, the board noted the inspector’s concerns about the impact of the two proposed bridge crossings on sites for over-wintering whooper swans.
“The board considered that a precautionary approach needed to be taken in this case, having regard to the predicted traffic flows on the route, and that a more modest upgrade may be acceptable which complements the important resource of the river Moy,” it noted.
This is only the third time Bord Pleanála has refused planning permission for a major road scheme.
The earlier refusals were the 1km Athy inner relief route in Co Kildare, and the Ballybofey-Stranorlar bypass in Co Donegal, which was turned down last October.
In its decision on the Athy scheme, made in June 2005, the board said the proposed route “would fail both as a street and as a relief road because it would continue to bring traffic, including heavy commercial vehicles, through the town centre”.
On the Ballybofey-Stranorlar bypass – a 15km dual-carriageway – the board had concerns about road safety and environmental protection, which it felt required a complete redesign of the scheme.
Irish Times
www.buckplanning.ie
Thursday, 25 February 2010
€60,000 dumping fine for waste firm and boss
A WASTE disposal company and its director, Louis Moriarty, have been fined a total of € 60,000 at Dublin Circuit Criminal Court for illegal dumping in Co. Wicklow.
Judge Tony Hunt said it was ironic that hotelier Moriarty (68) was now trading on Ireland's image as a green and beautiful country in his current business in contrast to his illegal dumping activities nine years ago.
Swalcliffe Ltd , trading as Dublin Waste, of East Wall Industrial Complex, Dublin 3, pleaded guilty, through solicitor Mr Vincent Shannon, to holding or disposing of waste in a manner that caused or was likely to cause environmental pollution on dates in 2001 at lands owned by Clifford Fenton at Coolnamadra, Donard.
Company director Moriarty, of Griffith Avenue, Drumcondra, pleaded guilty to disposing of waste in manner that could cause pollution at the Coolnamadra site and at Whitestown, Baltinglass over three months in 2001.
Moriarty had made a saving of between €1,000 and €2,250 per lorry load by dumping the waste illegally.
Judge Hunt noted that although Moriarty was only responsible for 14 lorry loads or 350 tonnes of waste from the total of 8,000 tonnes ultimately recovered from Coolnamadra, he had paid over €1.3 million for remediation of the entire site all waste.
There was some hospital waste dumped by Swalcliffe at this site but it was largely non-hazardous.
He said that compared to any commercial benefit gained the cost of the remediation 'was a punishment in itself '.
Judge Hunt noted that Mr Patrick Gageby SC, defence counsel for Moriarty and Swalcliffe, had indicated that Moriarty was also willing to pay for remediation work at Whitestown but this has been held up due to civil proceedings.
Mr Gageby said a sum in excess of one million euro could be made available for the work.
An estimated 8,000 tonnes of waste in 314 lorry loads was deposited at Whitestown by Moriarty's company including mixture of demolition waste and household waste. There are an estimated 90,000 tonnes of waste at Whitestown in two landfills for which prosecutions have been brought against a number of people.
Mr Donal O'Laoire, environmental consultant, gave evidence that remediation of the entire site at Whitestown would cost approximately €3.8 million euro.
Judge Hunt said the risk to the environment had been eliminated at Coolnamadra and he could not see significant actual damage at Whitestown but understood there was the potential for pollution as long as the waste remained.
Detective Garda Declan O'Brien told Mr Paul Murray BL, prosecuting, that the gardai became involved in the case in February 2002 when they received a complaint from Wicklow County Council after a council worker observed a lorry entering the site at Coolnamadra and
investigations were carried out in the area.
Moriarty was interviewed by gardai on a number of occasions and admitted dumping waste from his sorting premises on East Wall at the two sites in Wicklow after the landowners had agreed to accept waste.
Swalcliff has two previous convictions and Moriarty one previous conviction in relation to similar activities
Mr. Gageby said the remediation of Coolnamadra was an example of 'the polluter pays' and submitted that Moriarty had been 'stymied' in his efforts to do similar work at Whitestown by the ongoing civil case.
A number of other people have already been sentenced at Dublin Circuit Criminal Court in relation to illegal dumping activities at Whitestown and Coolnamadra sites.
Wicklow People
www.buckplanning.ie
Judge Tony Hunt said it was ironic that hotelier Moriarty (68) was now trading on Ireland's image as a green and beautiful country in his current business in contrast to his illegal dumping activities nine years ago.
Swalcliffe Ltd , trading as Dublin Waste, of East Wall Industrial Complex, Dublin 3, pleaded guilty, through solicitor Mr Vincent Shannon, to holding or disposing of waste in a manner that caused or was likely to cause environmental pollution on dates in 2001 at lands owned by Clifford Fenton at Coolnamadra, Donard.
Company director Moriarty, of Griffith Avenue, Drumcondra, pleaded guilty to disposing of waste in manner that could cause pollution at the Coolnamadra site and at Whitestown, Baltinglass over three months in 2001.
Moriarty had made a saving of between €1,000 and €2,250 per lorry load by dumping the waste illegally.
Judge Hunt noted that although Moriarty was only responsible for 14 lorry loads or 350 tonnes of waste from the total of 8,000 tonnes ultimately recovered from Coolnamadra, he had paid over €1.3 million for remediation of the entire site all waste.
There was some hospital waste dumped by Swalcliffe at this site but it was largely non-hazardous.
He said that compared to any commercial benefit gained the cost of the remediation 'was a punishment in itself '.
Judge Hunt noted that Mr Patrick Gageby SC, defence counsel for Moriarty and Swalcliffe, had indicated that Moriarty was also willing to pay for remediation work at Whitestown but this has been held up due to civil proceedings.
Mr Gageby said a sum in excess of one million euro could be made available for the work.
An estimated 8,000 tonnes of waste in 314 lorry loads was deposited at Whitestown by Moriarty's company including mixture of demolition waste and household waste. There are an estimated 90,000 tonnes of waste at Whitestown in two landfills for which prosecutions have been brought against a number of people.
Mr Donal O'Laoire, environmental consultant, gave evidence that remediation of the entire site at Whitestown would cost approximately €3.8 million euro.
Judge Hunt said the risk to the environment had been eliminated at Coolnamadra and he could not see significant actual damage at Whitestown but understood there was the potential for pollution as long as the waste remained.
Detective Garda Declan O'Brien told Mr Paul Murray BL, prosecuting, that the gardai became involved in the case in February 2002 when they received a complaint from Wicklow County Council after a council worker observed a lorry entering the site at Coolnamadra and
investigations were carried out in the area.
Moriarty was interviewed by gardai on a number of occasions and admitted dumping waste from his sorting premises on East Wall at the two sites in Wicklow after the landowners had agreed to accept waste.
Swalcliff has two previous convictions and Moriarty one previous conviction in relation to similar activities
Mr. Gageby said the remediation of Coolnamadra was an example of 'the polluter pays' and submitted that Moriarty had been 'stymied' in his efforts to do similar work at Whitestown by the ongoing civil case.
A number of other people have already been sentenced at Dublin Circuit Criminal Court in relation to illegal dumping activities at Whitestown and Coolnamadra sites.
Wicklow People
www.buckplanning.ie
€60,000 dumping fine for waste firm and boss
A WASTE disposal company and its director, Louis Moriarty, have been fined a total of € 60,000 at Dublin Circuit Criminal Court for illegal dumping in Co. Wicklow.
Judge Tony Hunt said it was ironic that hotelier Moriarty (68) was now trading on Ireland's image as a green and beautiful country in his current business in contrast to his illegal dumping activities nine years ago.
Swalcliffe Ltd , trading as Dublin Waste, of East Wall Industrial Complex, Dublin 3, pleaded guilty, through solicitor Mr Vincent Shannon, to holding or disposing of waste in a manner that caused or was likely to cause environmental pollution on dates in 2001 at lands owned by Clifford Fenton at Coolnamadra, Donard.
Company director Moriarty, of Griffith Avenue, Drumcondra, pleaded guilty to disposing of waste in manner that could cause pollution at the Coolnamadra site and at Whitestown, Baltinglass over three months in 2001.
Moriarty had made a saving of between €1,000 and €2,250 per lorry load by dumping the waste illegally.
Judge Hunt noted that although Moriarty was only responsible for 14 lorry loads or 350 tonnes of waste from the total of 8,000 tonnes ultimately recovered from Coolnamadra, he had paid over €1.3 million for remediation of the entire site all waste.
There was some hospital waste dumped by Swalcliffe at this site but it was largely non-hazardous.
He said that compared to any commercial benefit gained the cost of the remediation 'was a punishment in itself '.
Judge Hunt noted that Mr Patrick Gageby SC, defence counsel for Moriarty and Swalcliffe, had indicated that Moriarty was also willing to pay for remediation work at Whitestown but this has been held up due to civil proceedings.
Mr Gageby said a sum in excess of one million euro could be made available for the work.
An estimated 8,000 tonnes of waste in 314 lorry loads was deposited at Whitestown by Moriarty's company including mixture of demolition waste and household waste. There are an estimated 90,000 tonnes of waste at Whitestown in two landfills for which prosecutions have been brought against a number of people.
Mr Donal O'Laoire, environmental consultant, gave evidence that remediation of the entire site at Whitestown would cost approximately €3.8 million euro.
Judge Hunt said the risk to the environment had been eliminated at Coolnamadra and he could not see significant actual damage at Whitestown but understood there was the potential for pollution as long as the waste remained.
Detective Garda Declan O'Brien told Mr Paul Murray BL, prosecuting, that the gardai became involved in the case in February 2002 when they received a complaint from Wicklow County Council after a council worker observed a lorry entering the site at Coolnamadra and
investigations were carried out in the area.
Moriarty was interviewed by gardai on a number of occasions and admitted dumping waste from his sorting premises on East Wall at the two sites in Wicklow after the landowners had agreed to accept waste.
Swalcliff has two previous convictions and Moriarty one previous conviction in relation to similar activities
Mr. Gageby said the remediation of Coolnamadra was an example of 'the polluter pays' and submitted that Moriarty had been 'stymied' in his efforts to do similar work at Whitestown by the ongoing civil case.
A number of other people have already been sentenced at Dublin Circuit Criminal Court in relation to illegal dumping activities at Whitestown and Coolnamadra sites.
Wicklow People
www.buckplanning.ie
Judge Tony Hunt said it was ironic that hotelier Moriarty (68) was now trading on Ireland's image as a green and beautiful country in his current business in contrast to his illegal dumping activities nine years ago.
Swalcliffe Ltd , trading as Dublin Waste, of East Wall Industrial Complex, Dublin 3, pleaded guilty, through solicitor Mr Vincent Shannon, to holding or disposing of waste in a manner that caused or was likely to cause environmental pollution on dates in 2001 at lands owned by Clifford Fenton at Coolnamadra, Donard.
Company director Moriarty, of Griffith Avenue, Drumcondra, pleaded guilty to disposing of waste in manner that could cause pollution at the Coolnamadra site and at Whitestown, Baltinglass over three months in 2001.
Moriarty had made a saving of between €1,000 and €2,250 per lorry load by dumping the waste illegally.
Judge Hunt noted that although Moriarty was only responsible for 14 lorry loads or 350 tonnes of waste from the total of 8,000 tonnes ultimately recovered from Coolnamadra, he had paid over €1.3 million for remediation of the entire site all waste.
There was some hospital waste dumped by Swalcliffe at this site but it was largely non-hazardous.
He said that compared to any commercial benefit gained the cost of the remediation 'was a punishment in itself '.
Judge Hunt noted that Mr Patrick Gageby SC, defence counsel for Moriarty and Swalcliffe, had indicated that Moriarty was also willing to pay for remediation work at Whitestown but this has been held up due to civil proceedings.
Mr Gageby said a sum in excess of one million euro could be made available for the work.
An estimated 8,000 tonnes of waste in 314 lorry loads was deposited at Whitestown by Moriarty's company including mixture of demolition waste and household waste. There are an estimated 90,000 tonnes of waste at Whitestown in two landfills for which prosecutions have been brought against a number of people.
Mr Donal O'Laoire, environmental consultant, gave evidence that remediation of the entire site at Whitestown would cost approximately €3.8 million euro.
Judge Hunt said the risk to the environment had been eliminated at Coolnamadra and he could not see significant actual damage at Whitestown but understood there was the potential for pollution as long as the waste remained.
Detective Garda Declan O'Brien told Mr Paul Murray BL, prosecuting, that the gardai became involved in the case in February 2002 when they received a complaint from Wicklow County Council after a council worker observed a lorry entering the site at Coolnamadra and
investigations were carried out in the area.
Moriarty was interviewed by gardai on a number of occasions and admitted dumping waste from his sorting premises on East Wall at the two sites in Wicklow after the landowners had agreed to accept waste.
Swalcliff has two previous convictions and Moriarty one previous conviction in relation to similar activities
Mr. Gageby said the remediation of Coolnamadra was an example of 'the polluter pays' and submitted that Moriarty had been 'stymied' in his efforts to do similar work at Whitestown by the ongoing civil case.
A number of other people have already been sentenced at Dublin Circuit Criminal Court in relation to illegal dumping activities at Whitestown and Coolnamadra sites.
Wicklow People
www.buckplanning.ie
Minister announces membership of the Environmental Protection Agency Review Group
The Minister for the Environment, Heritage and Local Government, Mr. John Gormley, TD, has formally announced the membership of the (EPA) Environmental Protection Agency Review Group.
The establishment of the Review Group follows on from a commitment made in the Programme for Government of June 2007.
The purpose of the Review is to assess the performance of the EPA, its scope and mandate and to examine whether the Agency has the optimum structure and governance arrangements in place to continue to deliver its objectives effectively - particularly in view of its expanding role and additional functions.
The membership of the group is as follows -
* Dr. Kenneth Irvine, School of Natural Science, Zoology Department, Trinity College
* Professor Sharon Turner, Chair of Environmental Law, Queens University Belfast
* Mr. Jack O’Sullivan, Director, Environmental Management Services
* Dr. Áine Ryall, Law Faculty, University College Cork
* Mr. Fred Langeweg, former Deputy Director, Netherlands Environmental Assessment Agency
* Mr. Larry Stapleton, Former Director, Environmental Protection Agency
* Mr. John McCarthy, Assistant Secretary, Environment Division, Department of the Environment, Heritage and Local Government.
The Department of the Environment, Heritage and Local Government will provide secretariat to the Group.
The Minister said - “Given the key role played by the Agency in monitoring, maintaining and improving Ireland’s environmental performance, I attach a high level of importance to this Review. Good environmental governance is a key priority for me as Minister for Environment and for the Government as a whole - in particular, as an essential element of sustainable development.
"The review is also important in the context of the Transforming Public Services agenda and need for efficiency and effectiveness in a resource constrained environment.”
As part of the Review, there will be a comprehensive consultation process involving the key stakeholders, including Government Departments / Agencies which interact with the EPA, local authorities, NGOs, business groups and the general public.
The Minister added - “I have asked the Group to report to me before the autumn. The members of the Group possess the necessary skills and experience for the task. I wish the members well in their work and look forward to receiving the outcome of their deliberations on this wide and complex remit.”
The terms of reference of the Review Group are -
* To review the legislation governing the EPA - including the licensing functions and the processes in place to ensure public participation and the various remedies and sanctions available to the EPA for enforcement provided in the Acts - and to identify any necessary improvements in the legislation;
* To assess the performance of the EPA against the mandate which it was given when it was originally established in 1993, in relation to the expanding goals which have been set for it in the past decade and in comparison with best practice elsewhere - and to identify any necessary improvements in the EPA’s procedures and approaches;
* To assess the scope of the EPA’s mandate and whether it could be strengthened to include other areas;
* To review the resources allocated to the EPA in relation to current obligations and further functions that may arise, on foot of EU legislation;
* To assess the structures and governance of the EPA (including the operation of advisory committees and whether non-executive directors should be provided for) - and
* To re-assess the ongoing relationship between the EPA and other parts of the environmental governance structure in Ireland, having regard to the environmental challenges facing Ireland and developments in society.
www.buckplanning.ie
The establishment of the Review Group follows on from a commitment made in the Programme for Government of June 2007.
The purpose of the Review is to assess the performance of the EPA, its scope and mandate and to examine whether the Agency has the optimum structure and governance arrangements in place to continue to deliver its objectives effectively - particularly in view of its expanding role and additional functions.
The membership of the group is as follows -
* Dr. Kenneth Irvine, School of Natural Science, Zoology Department, Trinity College
* Professor Sharon Turner, Chair of Environmental Law, Queens University Belfast
* Mr. Jack O’Sullivan, Director, Environmental Management Services
* Dr. Áine Ryall, Law Faculty, University College Cork
* Mr. Fred Langeweg, former Deputy Director, Netherlands Environmental Assessment Agency
* Mr. Larry Stapleton, Former Director, Environmental Protection Agency
* Mr. John McCarthy, Assistant Secretary, Environment Division, Department of the Environment, Heritage and Local Government.
The Department of the Environment, Heritage and Local Government will provide secretariat to the Group.
The Minister said - “Given the key role played by the Agency in monitoring, maintaining and improving Ireland’s environmental performance, I attach a high level of importance to this Review. Good environmental governance is a key priority for me as Minister for Environment and for the Government as a whole - in particular, as an essential element of sustainable development.
"The review is also important in the context of the Transforming Public Services agenda and need for efficiency and effectiveness in a resource constrained environment.”
As part of the Review, there will be a comprehensive consultation process involving the key stakeholders, including Government Departments / Agencies which interact with the EPA, local authorities, NGOs, business groups and the general public.
The Minister added - “I have asked the Group to report to me before the autumn. The members of the Group possess the necessary skills and experience for the task. I wish the members well in their work and look forward to receiving the outcome of their deliberations on this wide and complex remit.”
The terms of reference of the Review Group are -
* To review the legislation governing the EPA - including the licensing functions and the processes in place to ensure public participation and the various remedies and sanctions available to the EPA for enforcement provided in the Acts - and to identify any necessary improvements in the legislation;
* To assess the performance of the EPA against the mandate which it was given when it was originally established in 1993, in relation to the expanding goals which have been set for it in the past decade and in comparison with best practice elsewhere - and to identify any necessary improvements in the EPA’s procedures and approaches;
* To assess the scope of the EPA’s mandate and whether it could be strengthened to include other areas;
* To review the resources allocated to the EPA in relation to current obligations and further functions that may arise, on foot of EU legislation;
* To assess the structures and governance of the EPA (including the operation of advisory committees and whether non-executive directors should be provided for) - and
* To re-assess the ongoing relationship between the EPA and other parts of the environmental governance structure in Ireland, having regard to the environmental challenges facing Ireland and developments in society.
www.buckplanning.ie
Dublin may see contra-flow cyclists
Dublin City Council is to draw up plans for "contra flow lanes" for cyclists, allowing them to travel in either direction on streets that are restricted to one-way for motor vehicles.
The move has been prompted by members of the Dublin Cycle Forum who pointed out the current one-way streets such as Pearse Street and Nassau Street can leave cyclists a detour of several kilometres.
But some members of the city council have already urged "caution" on the move citing it as just one more example of the growing influence of cyclists, whom they claim represent only 3 per cent of those who travel into Dublin city each day.
Under the terms of a proposal agreed by the council's strategic transport policy committee this afternoon the council will examine how to make getting about the city easier for cyclists in key areas such as one way streets and wide streets such as D'Olier Street and Westmoreland Street.
Councillor Larry O'Toole (SF) - himself a cyclist - said there were very dangerous areas of the capital's road network for cyclists including Parnell Square where a young man known to him had lost his life. He also instanced Westmoreland Street where he said the only option for cyclists seeking to get from one side to the other was to forge ahead and "the divil take the hindmost".
Other examples quoted by transport committee member Derek Peppard included difficulties accessing the Grafton Street Area from Nassau Street - which involved a one way system. A number of routes involved detours around Trinity College while short one-way stretches in areas such as Baggot Street left cyclists with detours. He said the Dublin bike scheme was working well but that numbers needed to be trebled.
Council staff have drawn up a list of 11 areas where they have suggested "solutions" for cyclists. These include Leinster Street South and Nassau Street; Baggot Street lower and Merrion Row; Parnell Square; Moss Street; Camden Street by the Bleeding Horse pub; the Westmoreland Street and D'Olier Street area; St Stephen's Green; Leeson Street Upper; Watling Street; Steven's Lane and the Clarendon Street area.
But Fine Gael councillor Edie Wynne said the move would have to be given some thought. She said at 3 per cent cyclists were not very representative of modal choice in Dublin. "Ninety-seven per cent are choosing another way", she said.
Fellow Fine Gael councillor Gerry Breen said he would urge caution, remarking that numbers of cyclists in the city were one third of those who chose to walk. He said councillors should remember the 34 per cent of people who made a modal choice to use their car, or those who used rail, bus "or the 9 per cent of people who chose to walk".
Irish Times
www.buckplanning.ie
The move has been prompted by members of the Dublin Cycle Forum who pointed out the current one-way streets such as Pearse Street and Nassau Street can leave cyclists a detour of several kilometres.
But some members of the city council have already urged "caution" on the move citing it as just one more example of the growing influence of cyclists, whom they claim represent only 3 per cent of those who travel into Dublin city each day.
Under the terms of a proposal agreed by the council's strategic transport policy committee this afternoon the council will examine how to make getting about the city easier for cyclists in key areas such as one way streets and wide streets such as D'Olier Street and Westmoreland Street.
Councillor Larry O'Toole (SF) - himself a cyclist - said there were very dangerous areas of the capital's road network for cyclists including Parnell Square where a young man known to him had lost his life. He also instanced Westmoreland Street where he said the only option for cyclists seeking to get from one side to the other was to forge ahead and "the divil take the hindmost".
Other examples quoted by transport committee member Derek Peppard included difficulties accessing the Grafton Street Area from Nassau Street - which involved a one way system. A number of routes involved detours around Trinity College while short one-way stretches in areas such as Baggot Street left cyclists with detours. He said the Dublin bike scheme was working well but that numbers needed to be trebled.
Council staff have drawn up a list of 11 areas where they have suggested "solutions" for cyclists. These include Leinster Street South and Nassau Street; Baggot Street lower and Merrion Row; Parnell Square; Moss Street; Camden Street by the Bleeding Horse pub; the Westmoreland Street and D'Olier Street area; St Stephen's Green; Leeson Street Upper; Watling Street; Steven's Lane and the Clarendon Street area.
But Fine Gael councillor Edie Wynne said the move would have to be given some thought. She said at 3 per cent cyclists were not very representative of modal choice in Dublin. "Ninety-seven per cent are choosing another way", she said.
Fellow Fine Gael councillor Gerry Breen said he would urge caution, remarking that numbers of cyclists in the city were one third of those who chose to walk. He said councillors should remember the 34 per cent of people who made a modal choice to use their car, or those who used rail, bus "or the 9 per cent of people who chose to walk".
Irish Times
www.buckplanning.ie
O'Toole blind to sinister side of Corrib campaign
OPINION: The anti-Shell protesters were depicted accurately in court recently – but not so on these pages, writes GERRY GREGG
FINTAN O’TOOLE’S column last week on the Corrib Gas row says a lot more about O’Toole than it does about the his concern for “the madness” of Minister for Energy Eamon Ryan. The column also revealed more about the agenda-rigging of the author than it did about the “folly” of piping natural gas from the Corrib gasfield across nine kilometres of bogland and hillside pasture, from landfall at Glengad beach in north Mayo to the Shell processing terminal at Bellanaboy.
O’Toole extrapolated from the recent explosion at a gas plant in Middletown, in the US state of Connecticut, that the “headbangers, the cranks and the subversives” who have been blocking the Shell project have turned out to be neither “crazy nor extreme”.
In an article riddled with dodgy details, deft sleights of hand, studied evasions and flawed logic, O’Toole opened his case with a claim that fell well short of the accuracy one associates with the doyen of the opinion page. The explosion in the US was at a power plant under construction, and not, as he suggested, along the route of a long-established pipeline.
O’Toole went on to mislead his readers still further with an assertion that an Bord Pleanála had “rejected” Shell’s plans for the final route of the pipeline last November. In fact, the planning authority “requested” that Shell re-examine the route on the grounds of enhancing the safety of local families living near the pipeline. As it stands, the planned route is considerably farther from the nearest dwelling than is the norm across Europe and North America.
So, an Bord Pleanála has asked Shell to consider moving the pipeline even farther away in an exercise that seems to be more about optics and PR than engineering. A case, it seems, of “just to be sure to be sure”. This was the background to the recent letter from the Department of Energy’s chief technical advisor to an Bord Pleanála criticising its emphasis on “the consequences of an accident” rather than the “likelihood” of one.
O’Toole proceeded to attack Eamon Ryan for not only changing his mind about the project – as he is entitled to do when confronted with compelling facts – but for failing to generate “a decent compromise”.
Nobody who has dealt up close and personal with the ringleaders of the Shell to Sea campaign, as I have in the course of making the documentary The Battle for the Gasfield , believes that any of them are open to compromise. Repeatedly we were told by leading Shell to Sea activists that because the State, the Government, the Opposition and the judiciary had “sold out”, they had no loyalty to the institutions of State and would not obey its laws.
O’Toole failed to declare that, for years, he has been listed as a supporter of the Shell to Sea campaign on their website. In 2005 he shared a platform with Maura Harrington and other activists when he spoke out against the jailing of the Rossport Five and praised their “backbone”. He was also a signatory to a petition against Shell and government policy on the exploitation of the gas-field.
It seems that, unlike Eamon Ryan, O’Toole is not for turning, no matter what the facts are. He claims the Corrib project has been divisive and bitter. In fact, over 90 per cent of the 10,000 people on the peninsula support the political parties and organisations that back the exploitation of the gasfield, a project that has provided hundreds of jobs for people in the area over the last 10 years.
In recent days, Judge Raymond Groarke sitting in the Circuit Court at Castlebar, made a series of withering judgments against the leading activists involved in the Shell to Sea campaign, calling them vigilantes involved in a campaign of harassment and intimidation of the silent majority.
He found that Harrington was the choreographer of a “secret police”-style surveillance operation against workers and farmers going about their lawful business.
Describing the protesters in heroic terms trying to protect people from reckless endangerment doesn’t quite fit with the picture that emerged from the court proceedings in Mayo, now does it?
Pat O’Donnell, who claimed last summer that his trawler was sunk off the north Mayo coast by armed and masked men speaking a foreign language, who then managed somehow to disappear without trace in the clear light of dawn as rescue services arrived to save O’Donnell and his crewman from a watery grave, was branded by the judge as “a bully and a thug”.
Judge Groarke’s remarks depicted in stark detail the hell the people of north Mayo have been put through. O’Toole ignored all this while acknowledging vaguely that “some protesters had used the issue for their own purposes” but described the police operation to uphold the right to work as “heavy handed”.
Where is the evidence for this? “The Garda Ombudsman Commission has recommended disciplinary action against one senior garda,” wrote O’Toole, failing to mention that the commission has dealt with over 110 complaints against the police and deemed most of them vexatious or without foundation. A recommendation relating to a single garda, albeit a senior officer, is manipulated to convey a sense of police jackboots trampling all over sensitive souls worried about the fate of sand martins on the beaches of north Mayo.
The truth is that there has been suppression of the popular will in north Mayo and the agents of that suppression have been the Shell to Sea campaigners, not the Garda. But the only acceptable narrative to The Irish Times is that the bad guys (ie Fianna Fáil, hand in glove with a foreign multinational) are despoiling the land and seas and trampling on the people’s rights and dreams.
The reality, as we learned from the evidence produced in the Circuit Court, is very different and much more sinister. The verdict on the rights and wrongs of the issue was spelt out passionately by Judge Groarke, who stuck to the facts of the case and tore up the dog-eared script fashioned by O’Toole. A vicious minority of self-styled militants have browbeaten a community into abject, sullen submission, forced hundreds of workers to earn a living under the shadow of Garda protection and threatened to derail a development that will benefit north Mayo and provide a much-needed source of energy for the rest of the country for the next 20 years.
The State has subjected the Shell project to intense scrutiny and its designated agencies have yet to adjudicate finally on the route of the pipeline, but the bottom line is the gas will flow. That’s the democratic way in a Republic.
Unlike Fintan O’Toole, I stand with the Republic and not the distortions and lies at the heart of the Corrib story.
Irish Times
www.buckplanning.ie
FINTAN O’TOOLE’S column last week on the Corrib Gas row says a lot more about O’Toole than it does about the his concern for “the madness” of Minister for Energy Eamon Ryan. The column also revealed more about the agenda-rigging of the author than it did about the “folly” of piping natural gas from the Corrib gasfield across nine kilometres of bogland and hillside pasture, from landfall at Glengad beach in north Mayo to the Shell processing terminal at Bellanaboy.
O’Toole extrapolated from the recent explosion at a gas plant in Middletown, in the US state of Connecticut, that the “headbangers, the cranks and the subversives” who have been blocking the Shell project have turned out to be neither “crazy nor extreme”.
In an article riddled with dodgy details, deft sleights of hand, studied evasions and flawed logic, O’Toole opened his case with a claim that fell well short of the accuracy one associates with the doyen of the opinion page. The explosion in the US was at a power plant under construction, and not, as he suggested, along the route of a long-established pipeline.
O’Toole went on to mislead his readers still further with an assertion that an Bord Pleanála had “rejected” Shell’s plans for the final route of the pipeline last November. In fact, the planning authority “requested” that Shell re-examine the route on the grounds of enhancing the safety of local families living near the pipeline. As it stands, the planned route is considerably farther from the nearest dwelling than is the norm across Europe and North America.
So, an Bord Pleanála has asked Shell to consider moving the pipeline even farther away in an exercise that seems to be more about optics and PR than engineering. A case, it seems, of “just to be sure to be sure”. This was the background to the recent letter from the Department of Energy’s chief technical advisor to an Bord Pleanála criticising its emphasis on “the consequences of an accident” rather than the “likelihood” of one.
O’Toole proceeded to attack Eamon Ryan for not only changing his mind about the project – as he is entitled to do when confronted with compelling facts – but for failing to generate “a decent compromise”.
Nobody who has dealt up close and personal with the ringleaders of the Shell to Sea campaign, as I have in the course of making the documentary The Battle for the Gasfield , believes that any of them are open to compromise. Repeatedly we were told by leading Shell to Sea activists that because the State, the Government, the Opposition and the judiciary had “sold out”, they had no loyalty to the institutions of State and would not obey its laws.
O’Toole failed to declare that, for years, he has been listed as a supporter of the Shell to Sea campaign on their website. In 2005 he shared a platform with Maura Harrington and other activists when he spoke out against the jailing of the Rossport Five and praised their “backbone”. He was also a signatory to a petition against Shell and government policy on the exploitation of the gas-field.
It seems that, unlike Eamon Ryan, O’Toole is not for turning, no matter what the facts are. He claims the Corrib project has been divisive and bitter. In fact, over 90 per cent of the 10,000 people on the peninsula support the political parties and organisations that back the exploitation of the gasfield, a project that has provided hundreds of jobs for people in the area over the last 10 years.
In recent days, Judge Raymond Groarke sitting in the Circuit Court at Castlebar, made a series of withering judgments against the leading activists involved in the Shell to Sea campaign, calling them vigilantes involved in a campaign of harassment and intimidation of the silent majority.
He found that Harrington was the choreographer of a “secret police”-style surveillance operation against workers and farmers going about their lawful business.
Describing the protesters in heroic terms trying to protect people from reckless endangerment doesn’t quite fit with the picture that emerged from the court proceedings in Mayo, now does it?
Pat O’Donnell, who claimed last summer that his trawler was sunk off the north Mayo coast by armed and masked men speaking a foreign language, who then managed somehow to disappear without trace in the clear light of dawn as rescue services arrived to save O’Donnell and his crewman from a watery grave, was branded by the judge as “a bully and a thug”.
Judge Groarke’s remarks depicted in stark detail the hell the people of north Mayo have been put through. O’Toole ignored all this while acknowledging vaguely that “some protesters had used the issue for their own purposes” but described the police operation to uphold the right to work as “heavy handed”.
Where is the evidence for this? “The Garda Ombudsman Commission has recommended disciplinary action against one senior garda,” wrote O’Toole, failing to mention that the commission has dealt with over 110 complaints against the police and deemed most of them vexatious or without foundation. A recommendation relating to a single garda, albeit a senior officer, is manipulated to convey a sense of police jackboots trampling all over sensitive souls worried about the fate of sand martins on the beaches of north Mayo.
The truth is that there has been suppression of the popular will in north Mayo and the agents of that suppression have been the Shell to Sea campaigners, not the Garda. But the only acceptable narrative to The Irish Times is that the bad guys (ie Fianna Fáil, hand in glove with a foreign multinational) are despoiling the land and seas and trampling on the people’s rights and dreams.
The reality, as we learned from the evidence produced in the Circuit Court, is very different and much more sinister. The verdict on the rights and wrongs of the issue was spelt out passionately by Judge Groarke, who stuck to the facts of the case and tore up the dog-eared script fashioned by O’Toole. A vicious minority of self-styled militants have browbeaten a community into abject, sullen submission, forced hundreds of workers to earn a living under the shadow of Garda protection and threatened to derail a development that will benefit north Mayo and provide a much-needed source of energy for the rest of the country for the next 20 years.
The State has subjected the Shell project to intense scrutiny and its designated agencies have yet to adjudicate finally on the route of the pipeline, but the bottom line is the gas will flow. That’s the democratic way in a Republic.
Unlike Fintan O’Toole, I stand with the Republic and not the distortions and lies at the heart of the Corrib story.
Irish Times
www.buckplanning.ie
Monday, 22 February 2010
No breach of fair procedure over refusal of hospital car park plan
Wexele -v- An Bord Pleanála , High Court : judgment was given by Mr Justice Charleton on February 5th, 2010
Judgment
There was no breach of fair procedures by An Bord Pleanála when it refused planning permission for a development in Dún Laoghaire which would have entailed building apartments and retail units on the car park used by St Michaels hospital.
Background
Mr Justice Charleton said the case was mainly about parking, and concerned whether a planning authority can take into account the loss of parking spaces if a development proceeds. It also concerned fair procedures.
In July 2008, An Bord Pleanála refused permission to the applicant to build an apartment and retail complex consisting of 80 apartments, two retail units and associated car parking for this development and an associated development a short distance away, but only accessible by way of a long detour.
The development of this site would have removed more than 100 car parking spaces at ground level used for many years by St Michael’s hospital for its staff and patients. One of the reasons given for the refusal was that it would lead to the loss of car-parking and increased traffic congestion in the area, would seriously injure the amenities of the property in the area, and be contrary to its proper planning and sustainable development.
The developers were seeking an order of certiorari that the decision in relation to car-parking was beyond the powers of An Bord Pleanála. It also complained of unfair procedures, in that after permission was refused, third party submissions were sent to An Bord Pleanála, and they (the developers) were not furnished with them.
The applicant bought the nurses’ residence attached to St Michael’s Hospital and the car park in December 2006 with a view to developing the site. The planning history of the car park was unclear, but it was used by the hospital staff and visiting patients, accommodating up to 110 cars.
In July 2007 the applicant applied to Dún Laoghaire-Rathdown planning authority for permission to develop the car park site. This would have involved constructing two retail units and 80 apartments. There would be 80 car parking spaces, below the number required per dwelling and retail unit in the Development Plan, and a further 44 available to, but only accessed with difficulty by, residents of a planned nurses’ residence.
The planning authority refused the development on the grounds of the impact of the loss of the 110 parking spaces, impeding on the long-term viability of the hospital.
The applicant appealed this decision to An Bord Pleanála, which upheld the decision of the council.
The applicant took proceedings in the High Court, arguing that once the car park was sold a new planning unit was created and its use by the adjoining hospital was irrelevant. The hospital had no legal right to the parking. In the Dún Laoghaire-Rathdown Development Plan, no provision was made for car parking for the hospital. The company also argued that issues as to parking and traffic congestion as a result of the loss of the car park were outside the scope of what the respondent could have regard to.
Decision
Turning first to the question of fair procedures, and whether the applicant should have been afforded an opportunity to reply to all third party submissions, Mr Justice Charleton said that the scheme under the Planning and Development Act 2000 was not to be replaced with a mechanical notion derived from civil law that everything before the decision-maker must also be before the parties, and that they must be given a reasonable opportunity to counter with submissions of their own.
“ party must show that they have something to say. What they have to say must not be something that has already been said. Nor can it be a reiteration in different language of an earlier submission . . .
“The interests of justice are best met by seeking the comments of an interested party where the Board receives a novel submission on appeal that, reasonably construed, might affect its decision . . . and where that observation is not in substance already part of the papers on the appeal which had been notified to the complaining party. Here, that test is not met.”
In relation to the parking issue, Mr Justice Charleton said a decision by an administrative body is likely to exceed jurisdiction where relevant considerations are not taken into account or where irrelevant considerations underline a decision.
The issue for any planning authority was the proper planning of an area so that there is sustainable and proper development, and this remained paramount. The terms of the Development Plan were not conclusive, and could be breached if it was necessary in the interests of proper planning and sustainable development.
Without this car park 110 cars would be decanted onto the streets of the surrounding area during business hours, for five, six or perhaps seven days a week. This could reasonably be regarded as intolerable.
The previous use of a site was relevant in terms of planning considerations. If this site were to be sold again, a statutory declaration would be made as to its use for a number of years, and possibly prior to October 1st, 1964, as a car park. That was what the applicant purchased. It could shut it down, but the car park site would still be part of the planning landscape.
He said it was reasonable to refuse planning permission for putting land to use for a new purpose, on the grounds that its original use ought to be preserved.
An Bord Pleanála did not breach fair procedures, and the decision made as to car-parking was based upon relevant considerations as to the proper and sustainable development of Dún Laoghaire.
Irish Times
www.buckplanning.ie
Judgment
There was no breach of fair procedures by An Bord Pleanála when it refused planning permission for a development in Dún Laoghaire which would have entailed building apartments and retail units on the car park used by St Michaels hospital.
Background
Mr Justice Charleton said the case was mainly about parking, and concerned whether a planning authority can take into account the loss of parking spaces if a development proceeds. It also concerned fair procedures.
In July 2008, An Bord Pleanála refused permission to the applicant to build an apartment and retail complex consisting of 80 apartments, two retail units and associated car parking for this development and an associated development a short distance away, but only accessible by way of a long detour.
The development of this site would have removed more than 100 car parking spaces at ground level used for many years by St Michael’s hospital for its staff and patients. One of the reasons given for the refusal was that it would lead to the loss of car-parking and increased traffic congestion in the area, would seriously injure the amenities of the property in the area, and be contrary to its proper planning and sustainable development.
The developers were seeking an order of certiorari that the decision in relation to car-parking was beyond the powers of An Bord Pleanála. It also complained of unfair procedures, in that after permission was refused, third party submissions were sent to An Bord Pleanála, and they (the developers) were not furnished with them.
The applicant bought the nurses’ residence attached to St Michael’s Hospital and the car park in December 2006 with a view to developing the site. The planning history of the car park was unclear, but it was used by the hospital staff and visiting patients, accommodating up to 110 cars.
In July 2007 the applicant applied to Dún Laoghaire-Rathdown planning authority for permission to develop the car park site. This would have involved constructing two retail units and 80 apartments. There would be 80 car parking spaces, below the number required per dwelling and retail unit in the Development Plan, and a further 44 available to, but only accessed with difficulty by, residents of a planned nurses’ residence.
The planning authority refused the development on the grounds of the impact of the loss of the 110 parking spaces, impeding on the long-term viability of the hospital.
The applicant appealed this decision to An Bord Pleanála, which upheld the decision of the council.
The applicant took proceedings in the High Court, arguing that once the car park was sold a new planning unit was created and its use by the adjoining hospital was irrelevant. The hospital had no legal right to the parking. In the Dún Laoghaire-Rathdown Development Plan, no provision was made for car parking for the hospital. The company also argued that issues as to parking and traffic congestion as a result of the loss of the car park were outside the scope of what the respondent could have regard to.
Decision
Turning first to the question of fair procedures, and whether the applicant should have been afforded an opportunity to reply to all third party submissions, Mr Justice Charleton said that the scheme under the Planning and Development Act 2000 was not to be replaced with a mechanical notion derived from civil law that everything before the decision-maker must also be before the parties, and that they must be given a reasonable opportunity to counter with submissions of their own.
“ party must show that they have something to say. What they have to say must not be something that has already been said. Nor can it be a reiteration in different language of an earlier submission . . .
“The interests of justice are best met by seeking the comments of an interested party where the Board receives a novel submission on appeal that, reasonably construed, might affect its decision . . . and where that observation is not in substance already part of the papers on the appeal which had been notified to the complaining party. Here, that test is not met.”
In relation to the parking issue, Mr Justice Charleton said a decision by an administrative body is likely to exceed jurisdiction where relevant considerations are not taken into account or where irrelevant considerations underline a decision.
The issue for any planning authority was the proper planning of an area so that there is sustainable and proper development, and this remained paramount. The terms of the Development Plan were not conclusive, and could be breached if it was necessary in the interests of proper planning and sustainable development.
Without this car park 110 cars would be decanted onto the streets of the surrounding area during business hours, for five, six or perhaps seven days a week. This could reasonably be regarded as intolerable.
The previous use of a site was relevant in terms of planning considerations. If this site were to be sold again, a statutory declaration would be made as to its use for a number of years, and possibly prior to October 1st, 1964, as a car park. That was what the applicant purchased. It could shut it down, but the car park site would still be part of the planning landscape.
He said it was reasonable to refuse planning permission for putting land to use for a new purpose, on the grounds that its original use ought to be preserved.
An Bord Pleanála did not breach fair procedures, and the decision made as to car-parking was based upon relevant considerations as to the proper and sustainable development of Dún Laoghaire.
Irish Times
www.buckplanning.ie
De Búrca rejects Gormley claim
Former Green Party senator Déirdre de Búrca today rejected a claim by the Minister for the Environment that she had never raised concerns over the operation of the Dublin Docklands Development Authority (DDDA) with him, or his Department prior to her recent resignation.
Ms de Búrca released the copy of an email, allegedly sent by her to John Gormley in August 2009, relaying public concerns about the authority.
"The email was sent to Mr Gormley's private email address to ensure that it received his immediate and personal attention," she claimed. "I had a brief verbal discussion with him about the issue, and he encouraged me to send the email to his private email address. I had several further discussions with the Minister about the DDDA issue over subsequent months."
Ms de Búrca yesterday called for the immediate release of the DDDA’s report, claiming it contained “significant evidence of malpractice” that would cause discomfort in Fianna Fáil.
But Mr Gormley said he would publish the reportedly “explosive” report once he receives advice from Attorney General Paul Gallagher on its legal implications.
A spokesman for the Minister said Ms de Búrca had “never once” raised the issue with him prior to her resignation. “The only interaction she ever had on it was when John Gormley himself raised the issue at a parliamentary party meeting to inform colleagues of his concerns about the authority and the need to address them,” he said.
Ms de Búrca, who resigned from the Seanad last week, has said she was prompted by the failure of Fianna Fáil to honour a commitment to her party, rather than her personal disappointment at not getting a position in EU commissioner Máire Geoghegan-Quinn’s cabinet.
One of the major issues the report is believed to deal with is how the DDDA became involved in the ill-fated consortium led by property developer Bernard McNamara to buy the former Irish Glass Bottle site in Ringsend for €412 million at the peak of the boom.
It is believed the report makes a large number of recommendations on corporate governance. It is accompanied by two other reports Prof Brennan commissioned – by chartered accountant Ray King and planning consultant Declan Brassil.
Yesterday Ms de Búrca said: "I’m not convinced that there is the willingness there to go ahead to publish it and to act on its findings. My own sense would be that there will be an attempt to sit on it or to delay its publication,” she said on RTÉ Radio 1’s This Week programme.
It is understood the report has only been read by a “tight circle” of people, including the Minister and Attorney General and that it is unlikely to be published until after the Government has made a decision on what to do about its contents.
According to sources, the report would have “legal implications” and could be the subject of court actions by individuals named. One source said it was “pointing big red arrows at salient issues including unhealthy relationships and abuses of power”.
Irish Times
www.buckplanning.ie
Ms de Búrca released the copy of an email, allegedly sent by her to John Gormley in August 2009, relaying public concerns about the authority.
"The email was sent to Mr Gormley's private email address to ensure that it received his immediate and personal attention," she claimed. "I had a brief verbal discussion with him about the issue, and he encouraged me to send the email to his private email address. I had several further discussions with the Minister about the DDDA issue over subsequent months."
Ms de Búrca yesterday called for the immediate release of the DDDA’s report, claiming it contained “significant evidence of malpractice” that would cause discomfort in Fianna Fáil.
But Mr Gormley said he would publish the reportedly “explosive” report once he receives advice from Attorney General Paul Gallagher on its legal implications.
A spokesman for the Minister said Ms de Búrca had “never once” raised the issue with him prior to her resignation. “The only interaction she ever had on it was when John Gormley himself raised the issue at a parliamentary party meeting to inform colleagues of his concerns about the authority and the need to address them,” he said.
Ms de Búrca, who resigned from the Seanad last week, has said she was prompted by the failure of Fianna Fáil to honour a commitment to her party, rather than her personal disappointment at not getting a position in EU commissioner Máire Geoghegan-Quinn’s cabinet.
One of the major issues the report is believed to deal with is how the DDDA became involved in the ill-fated consortium led by property developer Bernard McNamara to buy the former Irish Glass Bottle site in Ringsend for €412 million at the peak of the boom.
It is believed the report makes a large number of recommendations on corporate governance. It is accompanied by two other reports Prof Brennan commissioned – by chartered accountant Ray King and planning consultant Declan Brassil.
Yesterday Ms de Búrca said: "I’m not convinced that there is the willingness there to go ahead to publish it and to act on its findings. My own sense would be that there will be an attempt to sit on it or to delay its publication,” she said on RTÉ Radio 1’s This Week programme.
It is understood the report has only been read by a “tight circle” of people, including the Minister and Attorney General and that it is unlikely to be published until after the Government has made a decision on what to do about its contents.
According to sources, the report would have “legal implications” and could be the subject of court actions by individuals named. One source said it was “pointing big red arrows at salient issues including unhealthy relationships and abuses of power”.
Irish Times
www.buckplanning.ie
Sunday, 21 February 2010
Cowen must push on with incinerator
It is time for the taoiseach to intervene in the increasingly messy and expensive row over the construction of an incinerator in Poolbeg. Why? Because his environment minister, John Gormley, is hopelessly compromised on the issue and his self-serving meddling could eventually cost the state hundreds of millions.
Mr Gormley admitted last week that he had a “No Incinerator” sticker in the front window of his house. The incinerator in question is not the private facility being built in Meath, of course. It’s the one about to be constructed near his house in Dublin South East.
Mr Gormley’s tenure as a TD in that constituency has long been fragile — for example he was the last deputy to make it past the winning post in 2007. The incinerator is the most contentious local issue and every politician in Dublin South East has decided that loud and ostentatious opposition is in their electoral best interests. This is essential political context in analysing how Mr Gormley has dealt with the waste-treatment facility since he came to office. He dare not go before the people of his constituency again unless he can show that he moved might and main to stop it.
Since he has no legal powers to do so, and because the incinerator has full planning permission, a licence from the Environmental Protection Agency, and was approved by the Department of the Environment as being in accordance with the government’s waste policy, Mr Gormley cannot stop it by straightforward means. So he is resorting to a series of roundabout measures.
He talks about putting a cap on the amount of rubbish that can go to incinerators, about changing government waste policy (although this would have to be agreed by Fianna Fail ministers) and about hiring an inspector to examine Dublin city council’s contract with Covanta, the incinerator operator, on competition grounds. One of the most unseemly features of the tussle between Mr Gormley and the council is the commissioning of “expert” reports by both sides to bolster their positions.
The Economic and Social Research Institute may argue that its report on waste was an independent piece of work, but there is no avoiding the fact that it was commissioned, at a cost of €125,000, by the council. Sceptics would say this is a case of he who pays the piper getting a tune that’s music to the ears. Mr Gormley commissioned an “international” review of waste-management practice that, sceptics would say, was always going to have only one outcome. He then held this up as independent evidence against the incinerator.
While all this wrangling continues, the bill mounts. The Department of the Environment has paid €7.5m towards an incinerator which its minister opposes. The city council has contrived to pay €59m before a sod has been turned, and still doesn’t own the Poolbeg site. If it ever gets built, this is likely to be a real public-sector incinerator — hugely expensive and massively delayed.
Brian Cowen must intervene. If he doesn’t, we will be treated to two more years of squabbling and report-commissioning, until either Mr Gormley moves from the environment department or Covanta moves on. The incinerator is a public project of national importance, so it is legitimate for the taoiseach to decide whether it is to proceed. If not, the state will have to write a cheque to Covanta as compensation.
If Mr Cowen decides the incinerator should go ahead, he must tell his environment minister to abide by government policy or move to another department. Of course the incinerator should be built. Either way, the issue must be resolved by the taoiseach — and soon.
Sunday Times
www.buckplanning.ie
Mr Gormley admitted last week that he had a “No Incinerator” sticker in the front window of his house. The incinerator in question is not the private facility being built in Meath, of course. It’s the one about to be constructed near his house in Dublin South East.
Mr Gormley’s tenure as a TD in that constituency has long been fragile — for example he was the last deputy to make it past the winning post in 2007. The incinerator is the most contentious local issue and every politician in Dublin South East has decided that loud and ostentatious opposition is in their electoral best interests. This is essential political context in analysing how Mr Gormley has dealt with the waste-treatment facility since he came to office. He dare not go before the people of his constituency again unless he can show that he moved might and main to stop it.
Since he has no legal powers to do so, and because the incinerator has full planning permission, a licence from the Environmental Protection Agency, and was approved by the Department of the Environment as being in accordance with the government’s waste policy, Mr Gormley cannot stop it by straightforward means. So he is resorting to a series of roundabout measures.
He talks about putting a cap on the amount of rubbish that can go to incinerators, about changing government waste policy (although this would have to be agreed by Fianna Fail ministers) and about hiring an inspector to examine Dublin city council’s contract with Covanta, the incinerator operator, on competition grounds. One of the most unseemly features of the tussle between Mr Gormley and the council is the commissioning of “expert” reports by both sides to bolster their positions.
The Economic and Social Research Institute may argue that its report on waste was an independent piece of work, but there is no avoiding the fact that it was commissioned, at a cost of €125,000, by the council. Sceptics would say this is a case of he who pays the piper getting a tune that’s music to the ears. Mr Gormley commissioned an “international” review of waste-management practice that, sceptics would say, was always going to have only one outcome. He then held this up as independent evidence against the incinerator.
While all this wrangling continues, the bill mounts. The Department of the Environment has paid €7.5m towards an incinerator which its minister opposes. The city council has contrived to pay €59m before a sod has been turned, and still doesn’t own the Poolbeg site. If it ever gets built, this is likely to be a real public-sector incinerator — hugely expensive and massively delayed.
Brian Cowen must intervene. If he doesn’t, we will be treated to two more years of squabbling and report-commissioning, until either Mr Gormley moves from the environment department or Covanta moves on. The incinerator is a public project of national importance, so it is legitimate for the taoiseach to decide whether it is to proceed. If not, the state will have to write a cheque to Covanta as compensation.
If Mr Cowen decides the incinerator should go ahead, he must tell his environment minister to abide by government policy or move to another department. Of course the incinerator should be built. Either way, the issue must be resolved by the taoiseach — and soon.
Sunday Times
www.buckplanning.ie
Broke DDDA to hire more spin doctors
The Dublin Docklands Development Authority (DDDA), which recorded a deficit of €213m last year, plans to boost spending on its public relations.
The state-owned authority, which already has two in-house PR staff, is tendering for an expert in “corporate PR, crisis management and public affairs”.
The value of the PR contract will not be revealed until the tendering process is completed. Industry experts believe the contract will be worth between €8,000 and €10,000 per month.
The agency is bracing itself for the publication of what is widely expected to be a damning report on its business activities.
The report, by Niamh Brennan, the authority’s new chairwoman, is being examined by the attorney-general.
Expected to be published within weeks, it is thought to be critical of the DDDA’s corporate governance and planning procedures.
The agency recently had a write-down of €186m on its investments, mainly relating to the purchase of the former Irish Glass Bottle site in the docklands.
The DDDA spent more than €650,000 on PR between 2006 and 2009, most of it paid to Wilson Hartnell, a large Dublin PR firm.
Joe Costello, a Labour party TD, said the latest tender was neither “ethical nor proper” and called on John Gormley, the environment minister, to intervene. “The docklands have gone dead, there is nothing happening except for one or two things,” Costello said.
“They are not taking on new business and are embroiled in debts and planning challenges. To take on a company at this stage with public money is not ethical or proper. There is no sense in them talking about taking on a PR company to provide good publicity when they haven’t any good publicity to talk about.
“It’s totally unacceptable to use up money that they don’t have. [Gormley] should step in.”
A spokeswoman for the DDDA said the agency’s in-house staff have other duties in addition to PR, and that some corporate and communications work could not be dealt with due to staff shortages.
“It comes down to in-house resources,” she said. “We have to abide by the moratorium on fixed-term contracts and we have gone from a staff of 50 to 36.”
She predicted that by the end of the year, the DDDA will be reduced to a staff of 25. “So we do require external support for some services,” she said. “Costs have been aggressively reduced in light of the financial position faced.”
Last year, the DDDA’s deficit of €213m was mainly due to the purchase and devaluation of the Irish Glass Bottle site.
Sunday Times
www.buckplanning.ie
The state-owned authority, which already has two in-house PR staff, is tendering for an expert in “corporate PR, crisis management and public affairs”.
The value of the PR contract will not be revealed until the tendering process is completed. Industry experts believe the contract will be worth between €8,000 and €10,000 per month.
The agency is bracing itself for the publication of what is widely expected to be a damning report on its business activities.
The report, by Niamh Brennan, the authority’s new chairwoman, is being examined by the attorney-general.
Expected to be published within weeks, it is thought to be critical of the DDDA’s corporate governance and planning procedures.
The agency recently had a write-down of €186m on its investments, mainly relating to the purchase of the former Irish Glass Bottle site in the docklands.
The DDDA spent more than €650,000 on PR between 2006 and 2009, most of it paid to Wilson Hartnell, a large Dublin PR firm.
Joe Costello, a Labour party TD, said the latest tender was neither “ethical nor proper” and called on John Gormley, the environment minister, to intervene. “The docklands have gone dead, there is nothing happening except for one or two things,” Costello said.
“They are not taking on new business and are embroiled in debts and planning challenges. To take on a company at this stage with public money is not ethical or proper. There is no sense in them talking about taking on a PR company to provide good publicity when they haven’t any good publicity to talk about.
“It’s totally unacceptable to use up money that they don’t have. [Gormley] should step in.”
A spokeswoman for the DDDA said the agency’s in-house staff have other duties in addition to PR, and that some corporate and communications work could not be dealt with due to staff shortages.
“It comes down to in-house resources,” she said. “We have to abide by the moratorium on fixed-term contracts and we have gone from a staff of 50 to 36.”
She predicted that by the end of the year, the DDDA will be reduced to a staff of 25. “So we do require external support for some services,” she said. “Costs have been aggressively reduced in light of the financial position faced.”
Last year, the DDDA’s deficit of €213m was mainly due to the purchase and devaluation of the Irish Glass Bottle site.
Sunday Times
www.buckplanning.ie
NOTICE OF THE PREPARATION OF THE DRAFT DUBLIN CITY DEVELOPMENT PLAN 2011-2017
Notice is hereby given pursuant to Section 12 (1) (b) of the Planning and Development Act, 2000 that Dublin City Council, being the Planning Authority for Dublin City, has prepared, in accordance with the provisions of the above Act, a Draft City Development Plan for the City of Dublin.
Observations or submissions regarding the Draft Development Plan and/or Environmental Report and/or Appropriate Assessment are invited from members of the public and other interested parties. Observations/submissions must be received by 4.30pm on Friday, 12th March, 2010.
Please contact bps on 087-2615871 to discuss.
bps planning consultants
www.buckplanning.ie
Observations or submissions regarding the Draft Development Plan and/or Environmental Report and/or Appropriate Assessment are invited from members of the public and other interested parties. Observations/submissions must be received by 4.30pm on Friday, 12th March, 2010.
Please contact bps on 087-2615871 to discuss.
bps planning consultants
www.buckplanning.ie
Submissions to the Draft Laois Development Plan requested
Laois County Council intends to review its existing County Development Plan 2006-2012 and to prepare a new County Development Plan 2012-2018.
The County Development Plan sets a framework for the proper planning and sustainable development of the county over a six-year period. It includes sets of development policies, development objectives, development guidelines/standards in addition to the „zoning‟ of land.
Please note that the County Development Plan sets the overall context for the development of Co. Laois over the period 2012-2018. It will also contain Town Plans for the medium sized towns of Abbeyleix, Mountrath, Rathdowney, Durrow, Stradbally and Village Plans (approximately 25).
Local Area Plans have been adopted for the larger towns of Portlaoise 2006-2012, Portarlington 2007-2013, Mountmellick 2007-2013 and Graiguecullen 2007-2013. These will be reviewed in due course after the new County Development Plan has been adopted.
Submissions or observations regarding the review of the existing County Development Plan and preparation of the New Plan (2012-2018) must be made by Monday 1st March 2010. Please contact bps on 087-2615871 to discuss.
bps planning consultants
www.buckplanning.ie
The County Development Plan sets a framework for the proper planning and sustainable development of the county over a six-year period. It includes sets of development policies, development objectives, development guidelines/standards in addition to the „zoning‟ of land.
Please note that the County Development Plan sets the overall context for the development of Co. Laois over the period 2012-2018. It will also contain Town Plans for the medium sized towns of Abbeyleix, Mountrath, Rathdowney, Durrow, Stradbally and Village Plans (approximately 25).
Local Area Plans have been adopted for the larger towns of Portlaoise 2006-2012, Portarlington 2007-2013, Mountmellick 2007-2013 and Graiguecullen 2007-2013. These will be reviewed in due course after the new County Development Plan has been adopted.
Submissions or observations regarding the review of the existing County Development Plan and preparation of the New Plan (2012-2018) must be made by Monday 1st March 2010. Please contact bps on 087-2615871 to discuss.
bps planning consultants
www.buckplanning.ie
Carlow Local Area Plans - Carlow County Council
Submissions in respect of the following Draft Local Area Plans must be submitted by the 3rd of March. Contact bps on 087 2615871 to discuss.
Borris Draft Local Area Plan
Bagenalstown / Muinebheag Draft Local Area Plan
Leighlinbridge Draft Local Area Plan
Rathvilly Draft Local Area Plan
Tinnahinch Draft Local Area Plan
Tullow Draft Local Area Plan
bps planning consultants
www.buckplanning.ie
Borris Draft Local Area Plan
Bagenalstown / Muinebheag Draft Local Area Plan
Leighlinbridge Draft Local Area Plan
Rathvilly Draft Local Area Plan
Tinnahinch Draft Local Area Plan
Tullow Draft Local Area Plan
bps planning consultants
www.buckplanning.ie
Material Contravention of the County Development Plan 2005-2011 - Kildare County Council
Reference Number in Register 09/597
Notice is hereby given in accordance with Section 34 (6) of the Planning & Development Act 2000 - 2006 that Kildare County Council intends to consider deciding to grant permission to James Fagan for a development which will consist of a 53 bed nursing home plus ten associated shelter housing units. A services building for heating, electric power, water and fuel storage. A new road access junction, access road and roundabout from R401 Kildare/Rathangan public road. A sewage pumping station connected to local authority system. Car parking facilities and associated development works at Rathangan Demesne, Rathangan, Co. Kildare.
The development would contravene materially Section 6.7.6 – OD1 of the County Development Plan 2005-2011 which states:
“Apart from housing development there are other land uses which may be considered in the rural countryside. Where an area is not within an identifiable settlement and is not otherwise zoned as part of this Development Plan or of any of the Town Development Plans the use of such land will be deemed to be primarily agricultural.”
Particulars of the development may be inspected at the offices of the Planning Department of Kildare County Council, Aras Chill Dara, Devoy Park, Naas, Co Kildare, during office hours (9 a.m. to 4 p.m., Monday to Friday). Any submission or observation regarding the making of a decision to grant permission received not later than the 8th March, 2010 will be duly considered by the Planning Authority.
bps planning consultants
www.buckplanning.ie
Notice is hereby given in accordance with Section 34 (6) of the Planning & Development Act 2000 - 2006 that Kildare County Council intends to consider deciding to grant permission to James Fagan for a development which will consist of a 53 bed nursing home plus ten associated shelter housing units. A services building for heating, electric power, water and fuel storage. A new road access junction, access road and roundabout from R401 Kildare/Rathangan public road. A sewage pumping station connected to local authority system. Car parking facilities and associated development works at Rathangan Demesne, Rathangan, Co. Kildare.
The development would contravene materially Section 6.7.6 – OD1 of the County Development Plan 2005-2011 which states:
“Apart from housing development there are other land uses which may be considered in the rural countryside. Where an area is not within an identifiable settlement and is not otherwise zoned as part of this Development Plan or of any of the Town Development Plans the use of such land will be deemed to be primarily agricultural.”
Particulars of the development may be inspected at the offices of the Planning Department of Kildare County Council, Aras Chill Dara, Devoy Park, Naas, Co Kildare, during office hours (9 a.m. to 4 p.m., Monday to Friday). Any submission or observation regarding the making of a decision to grant permission received not later than the 8th March, 2010 will be duly considered by the Planning Authority.
bps planning consultants
www.buckplanning.ie
EPA - Code of Practice for Wastewater Treatment Systems serving Single Houses
New EPA guidelines for the provision of wastewater treatment and disposal systems for single houses with a PE less than or equal to 10 have been published.
Follow the link below:
http://www.epa.ie/downloads/advice/water/wastewater/keegan_report_web.pdf
bps planning consultants
www.buckplanning.ie
Follow the link below:
http://www.epa.ie/downloads/advice/water/wastewater/keegan_report_web.pdf
bps planning consultants
www.buckplanning.ie
Rezoning proposed in Waterford plan
THE WATERFORD County Draft Development Plan, which went on display yesterday, proposes a major rezoning of development land in the county, about 70 – 90 per cent of the 800 hectares zoned in the previous plan.
Land developers and builders stand to lose millions as the projected need for development land is slashed and developments are to be shelved where essential services, such as water and sewage cannot be provided. This applies to many coastline villages that were earmarked for development.
The plan is one of the first development plans produced by local authorities covering the next six years.
One of the maps on display shows large tracts of land, acquired in recent years by developers at astronomical prices, reverting to agricultural use in the environs of Waterford city.
Two centres, Dungarvan and Tramore, have been designated as the main development centres, with a total of 34 hectares of land zoned for the purpose. New planning policies are proposed to develop the towns of Portlaw and Lismore.
Special attention has been given to policies encouraging the development of nature and heritage sites, such as the Comeragh Mountain Park. The Waterford biodiversity action plan, wetland protection and river basin management plans and the built environment also will be emphasised.
Encompassing 26 different policy-framing documents and directed by the guidelines on national and regional planning, the draft development plan takes into account the considerable changes that have occurred since the last development plan was agreed in 2005.
The council’s director of planning, Brian White, says that although Co Waterford does not have the rates base or industrial base to pay for the kind of services people have in mind, this was a stronger plan than the last.
Co Waterford’s rate base is lower than that of Clonmel or Kilkenny city, and is the third lowest in the Republic after Longford and Leitrim.
The projection is that the county’s population, which was 62,213 in the 2006 census, will reach a target of 74,233 by 2017.
The number of housing units needed up to 2017 is 10,264, while there is a surplus of land that could accommodate 18,446 more units. The county does not have “ghost estates”, Mr White notes.
However, he states that there are nine to 12 unfinished estates, three or four of which are in chronic difficulty.
Irish Times
www.buckplanning.ie
Land developers and builders stand to lose millions as the projected need for development land is slashed and developments are to be shelved where essential services, such as water and sewage cannot be provided. This applies to many coastline villages that were earmarked for development.
The plan is one of the first development plans produced by local authorities covering the next six years.
One of the maps on display shows large tracts of land, acquired in recent years by developers at astronomical prices, reverting to agricultural use in the environs of Waterford city.
Two centres, Dungarvan and Tramore, have been designated as the main development centres, with a total of 34 hectares of land zoned for the purpose. New planning policies are proposed to develop the towns of Portlaw and Lismore.
Special attention has been given to policies encouraging the development of nature and heritage sites, such as the Comeragh Mountain Park. The Waterford biodiversity action plan, wetland protection and river basin management plans and the built environment also will be emphasised.
Encompassing 26 different policy-framing documents and directed by the guidelines on national and regional planning, the draft development plan takes into account the considerable changes that have occurred since the last development plan was agreed in 2005.
The council’s director of planning, Brian White, says that although Co Waterford does not have the rates base or industrial base to pay for the kind of services people have in mind, this was a stronger plan than the last.
Co Waterford’s rate base is lower than that of Clonmel or Kilkenny city, and is the third lowest in the Republic after Longford and Leitrim.
The projection is that the county’s population, which was 62,213 in the 2006 census, will reach a target of 74,233 by 2017.
The number of housing units needed up to 2017 is 10,264, while there is a surplus of land that could accommodate 18,446 more units. The county does not have “ghost estates”, Mr White notes.
However, he states that there are nine to 12 unfinished estates, three or four of which are in chronic difficulty.
Irish Times
www.buckplanning.ie
DDDA report 'delayed' - De Búrca
Former Green Party Senator Déirdre de Búrca has accused Minister for Environment John Gormley of delaying the publication of a report on Dublin Docklands Development Authority.
Ms de Búrca said the Minister, who is also Green Party leader, delayed publishing the report on controversial planning at the authority because it would cause "serious discomfort" for Fianna Fáil.
Speaking on RTÉ's This Week programme, she alleged that the report, which was carried out by DDDA chair Prof Niamh Brennan, contains evidence of serious malpractice.
She called on Mr Gormley to publish the report and to act on its findings immediately.
It was Ms De Búrca's first interview since she resigned from the Seanad and the parliamentary party last week. She was speaking from the United States.
She told Mr Gormley in her letter of resignation she regretted she could no longer support the Green Party in government.
Ms De Búrca said she believed the Greens had "gradually abandoned our political values and our integrity and in many respects have become no more than an extension of the Fianna Fail party".
"It would appear that holding onto office and to seats have become more important to the party than holding on to its fundamental political purpose," she said.
Responding to the interview, Mr Gormley said two reports were supplied earlier this month and he fully intended to publish them. But he said he was awaiting advice from the Attorney General before making the reports public.
Mr Gormley said Ms de Búrca had "never once raised the DDDA or its operations" with him or his Department.
It was he who had appointed Ms Brennan to "overhaul the authority and address the serious issues facing it".
Fine Gael and the Labour Party called on the Minister to publish the report.
Fine Gael spokesman on environment and local government Phil Hogan said that if Ms De Búrca's comments were to be believed, then Mr Gormley was "actively protecting the political reputation of Fianna Fáil by hiding a report that would cause serious discomfort for them".
“The public is sick and tired of double talk, half-truths and innuendo from Government Ministers. We all want the truth. By refusing to put this report on the public record [Mr] Gormley is adding to the air of mistrust and cynicism around Irish politics while insulting the residents of the Dublin Docklands.
"[Mr] Gormley must publish the report immediately after Tuesday’s Cabinet meeting after they had a chance to consider and discuss its findings. It appears that [Mr] Gormley would rather share the findings of the report with the Green Parliamentary Party than with the Dáil," he said.
Labour Party leader Eamon Gilmore said the reports by Prof Niamh Brennan had been on the desk of Environment Minister John Gormley for some weeks ago, and he must publish them without further delay.
He noted Ms De Búrca's contention that the Minister was reluctant to publish the documents because they might cause acute embarassment for their senior partners in Government Fianna Fáil.
"She also claimed that the reports contain evidence of serious malpractice. This may or not be the case, but there is only one way to clear this up, and that is for the Minister to publish the documents immediately."
Irish Times
www.buckplanning.ie
Ms de Búrca said the Minister, who is also Green Party leader, delayed publishing the report on controversial planning at the authority because it would cause "serious discomfort" for Fianna Fáil.
Speaking on RTÉ's This Week programme, she alleged that the report, which was carried out by DDDA chair Prof Niamh Brennan, contains evidence of serious malpractice.
She called on Mr Gormley to publish the report and to act on its findings immediately.
It was Ms De Búrca's first interview since she resigned from the Seanad and the parliamentary party last week. She was speaking from the United States.
She told Mr Gormley in her letter of resignation she regretted she could no longer support the Green Party in government.
Ms De Búrca said she believed the Greens had "gradually abandoned our political values and our integrity and in many respects have become no more than an extension of the Fianna Fail party".
"It would appear that holding onto office and to seats have become more important to the party than holding on to its fundamental political purpose," she said.
Responding to the interview, Mr Gormley said two reports were supplied earlier this month and he fully intended to publish them. But he said he was awaiting advice from the Attorney General before making the reports public.
Mr Gormley said Ms de Búrca had "never once raised the DDDA or its operations" with him or his Department.
It was he who had appointed Ms Brennan to "overhaul the authority and address the serious issues facing it".
Fine Gael and the Labour Party called on the Minister to publish the report.
Fine Gael spokesman on environment and local government Phil Hogan said that if Ms De Búrca's comments were to be believed, then Mr Gormley was "actively protecting the political reputation of Fianna Fáil by hiding a report that would cause serious discomfort for them".
“The public is sick and tired of double talk, half-truths and innuendo from Government Ministers. We all want the truth. By refusing to put this report on the public record [Mr] Gormley is adding to the air of mistrust and cynicism around Irish politics while insulting the residents of the Dublin Docklands.
"[Mr] Gormley must publish the report immediately after Tuesday’s Cabinet meeting after they had a chance to consider and discuss its findings. It appears that [Mr] Gormley would rather share the findings of the report with the Green Parliamentary Party than with the Dáil," he said.
Labour Party leader Eamon Gilmore said the reports by Prof Niamh Brennan had been on the desk of Environment Minister John Gormley for some weeks ago, and he must publish them without further delay.
He noted Ms De Búrca's contention that the Minister was reluctant to publish the documents because they might cause acute embarassment for their senior partners in Government Fianna Fáil.
"She also claimed that the reports contain evidence of serious malpractice. This may or not be the case, but there is only one way to clear this up, and that is for the Minister to publish the documents immediately."
Irish Times
www.buckplanning.ie
There is a way around planned Slane bypass
The National Roads Authority is bent on pursuing a plan that would visually compromise the setting of Newgrange, Knowth and Dowth
THIRTEEN YEARS ago, when I went to Japan for the first time to cover the Kyoto climate change summit, someone who knows the country well told me that it was largely run for the benefit of its concrete industry. “After building all the motorways and high-speed rail lines, they got into concreting river banks and even beaches,” he said.
For the past decade or more, it seems that Ireland has been run for the benefit of CRH plc, Siac, Seán Quinn, the asphalt men and quarry owners and a legion of consultant engineers, archaeologists and greedy farmers. They’ve all done very well from the roll-out of motorways across the length and breadth of the country.
Nobody can say for sure how much all of this has cost, but it is certain that well over €20 billion has been spent so far. Although Minister for Transport Noel Dempsey recently announced that the allocation for national roads this year was being cut by €325 million, the National Roads Authority will still have more than €1 billion to spend.
The authority’s programme is so overblown that when the controversial M3 is finally completed this year, Meath alone (coincidentally, Dempsey’s own constituency) will end up being traversed by four motorways – the M1, the M2, the M3 and the M4. Three of these routes pass remarkably close to each other – only 20km apart in some places.
Any Martian could see that we lost the run of ourselves in building all of these roads fanning out from Dublin.
Instead of “shadowing” the existing routes we inherited, a bit of lateral thinking would surely have led us to build an entirely different motorway network, with (for example) Waterford or Limerick being served on the way to Cork.
If the roads authority carries on unchecked, we will end up with nearly 1,000km of motorways by 2015. And that doesn’t even include an eastern bypass for Dublin – to enclose the city in a “motorway box” – and an outer ring road from Drogheda right around to Naas, which would function in effect as a bypass for the now engorged M50.
The latest bypass proposal is for the village of Slane, Co Meath. Everyone who has attended rock concerts over the years at Slane Castle will be familiar with the old bridge over the river Boyne; it is set at right-angles to the N2, and this hazard is aggravated by the fact that southbound traffic approaches it on a steep incline from the village.
As noted by an environmental impact statement (EIS) prepared for the authority and Meath County Council, “there have been numerous traffic accidents, some fatal, over the years – typically when heavy goods vehicles (HGVs) descend on the steep hill and collide with other traffic or crash through the bridge parapet”. In short, it’s dangerous.
The proposed 3.5km bypass would run east of Slane; opting for a westerly route would have brought it through the estate of the Marquis of Mountcharles. As a result, the EIS concedes, the planned dual-carriageway, with a new bridge over the Boyne, would pass just over 500 metres from the Unesco World Heritage Site of Brú na Bóinne.
This is at the root of growing opposition to the scheme. Having given a right royal slap in the face to Tara with the M3, despite widespread protests, the authority is now bent on pursuing a plan that would visually compromise the setting of Newgrange, Knowth and Dowth, the three main prehistoric sites of the Brú na Bóinne archaeological complex.
The EIS identifies five archaeological sites along the route that “will be impacted directly”, as well as a further three “areas of undetermined archaeological potential” and two other sites that “will be impacted indirectly”. In cold technical language, we are told that the predicted impacts range from “slight” or “moderate” to “potentially significant”.
On the other hand, the EIS says, “it should be noted that the N2 Slane bypass would have a positive impact in re-routing heavy traffic from Slane Bridge and Slane Village”. This would bring relief to its residents, who currently endure some 1,600 HGVs trundling through the village on the N2 each day, according to Meath County Council.
That’s why the council adopted a resolution to ban HGVs travelling north-south through Slane on April 6th, 2009.
The ban has not been implemented, ostensibly because of fears that it “could have serious consequences [for the council] in terms of possible legal exposure, delivery delays and business frustration”, an official said.
Could it be that the adoption of such a straightforward solution, forcing truck drivers to use the M1 instead, might have got in the way of a much more expensive and potentially destructive bypass plan? Certainly, many of the objectors will be arguing for the minimalist approach at an oral hearing by An Bord Pleanála – if there is one.
The appeals board has a history of rubber-stamping major road schemes. Only one, the proposed 1km “inner relief route” for Athy, Co Kildare, was flatly turned down; it “would fail both as a street and as a relief road because it would continue to bring traffic, including heavy commercial vehicles, through the town centre”, the board said.
The abortive proposal to ban HGVs using the N2 in Slane is surely a valid alternative to the new dual-carriageway planned by the roads authority and its engineering consultants, Roughan O’Donovan.
By refusing permission for this scheme, An Bord Pleanála would be laying down a useful marker against numerous others even now being hatched.
Irish Times
www.buckplanning.ie
THIRTEEN YEARS ago, when I went to Japan for the first time to cover the Kyoto climate change summit, someone who knows the country well told me that it was largely run for the benefit of its concrete industry. “After building all the motorways and high-speed rail lines, they got into concreting river banks and even beaches,” he said.
For the past decade or more, it seems that Ireland has been run for the benefit of CRH plc, Siac, Seán Quinn, the asphalt men and quarry owners and a legion of consultant engineers, archaeologists and greedy farmers. They’ve all done very well from the roll-out of motorways across the length and breadth of the country.
Nobody can say for sure how much all of this has cost, but it is certain that well over €20 billion has been spent so far. Although Minister for Transport Noel Dempsey recently announced that the allocation for national roads this year was being cut by €325 million, the National Roads Authority will still have more than €1 billion to spend.
The authority’s programme is so overblown that when the controversial M3 is finally completed this year, Meath alone (coincidentally, Dempsey’s own constituency) will end up being traversed by four motorways – the M1, the M2, the M3 and the M4. Three of these routes pass remarkably close to each other – only 20km apart in some places.
Any Martian could see that we lost the run of ourselves in building all of these roads fanning out from Dublin.
Instead of “shadowing” the existing routes we inherited, a bit of lateral thinking would surely have led us to build an entirely different motorway network, with (for example) Waterford or Limerick being served on the way to Cork.
If the roads authority carries on unchecked, we will end up with nearly 1,000km of motorways by 2015. And that doesn’t even include an eastern bypass for Dublin – to enclose the city in a “motorway box” – and an outer ring road from Drogheda right around to Naas, which would function in effect as a bypass for the now engorged M50.
The latest bypass proposal is for the village of Slane, Co Meath. Everyone who has attended rock concerts over the years at Slane Castle will be familiar with the old bridge over the river Boyne; it is set at right-angles to the N2, and this hazard is aggravated by the fact that southbound traffic approaches it on a steep incline from the village.
As noted by an environmental impact statement (EIS) prepared for the authority and Meath County Council, “there have been numerous traffic accidents, some fatal, over the years – typically when heavy goods vehicles (HGVs) descend on the steep hill and collide with other traffic or crash through the bridge parapet”. In short, it’s dangerous.
The proposed 3.5km bypass would run east of Slane; opting for a westerly route would have brought it through the estate of the Marquis of Mountcharles. As a result, the EIS concedes, the planned dual-carriageway, with a new bridge over the Boyne, would pass just over 500 metres from the Unesco World Heritage Site of Brú na Bóinne.
This is at the root of growing opposition to the scheme. Having given a right royal slap in the face to Tara with the M3, despite widespread protests, the authority is now bent on pursuing a plan that would visually compromise the setting of Newgrange, Knowth and Dowth, the three main prehistoric sites of the Brú na Bóinne archaeological complex.
The EIS identifies five archaeological sites along the route that “will be impacted directly”, as well as a further three “areas of undetermined archaeological potential” and two other sites that “will be impacted indirectly”. In cold technical language, we are told that the predicted impacts range from “slight” or “moderate” to “potentially significant”.
On the other hand, the EIS says, “it should be noted that the N2 Slane bypass would have a positive impact in re-routing heavy traffic from Slane Bridge and Slane Village”. This would bring relief to its residents, who currently endure some 1,600 HGVs trundling through the village on the N2 each day, according to Meath County Council.
That’s why the council adopted a resolution to ban HGVs travelling north-south through Slane on April 6th, 2009.
The ban has not been implemented, ostensibly because of fears that it “could have serious consequences [for the council] in terms of possible legal exposure, delivery delays and business frustration”, an official said.
Could it be that the adoption of such a straightforward solution, forcing truck drivers to use the M1 instead, might have got in the way of a much more expensive and potentially destructive bypass plan? Certainly, many of the objectors will be arguing for the minimalist approach at an oral hearing by An Bord Pleanála – if there is one.
The appeals board has a history of rubber-stamping major road schemes. Only one, the proposed 1km “inner relief route” for Athy, Co Kildare, was flatly turned down; it “would fail both as a street and as a relief road because it would continue to bring traffic, including heavy commercial vehicles, through the town centre”, the board said.
The abortive proposal to ban HGVs using the N2 in Slane is surely a valid alternative to the new dual-carriageway planned by the roads authority and its engineering consultants, Roughan O’Donovan.
By refusing permission for this scheme, An Bord Pleanála would be laying down a useful marker against numerous others even now being hatched.
Irish Times
www.buckplanning.ie
Shell confirms key parts of Corrib gas project postponed
SHELL EP Ireland has confirmed that work on several key aspects of the Corrib gas project will not now take place this year.
The company told The Irish Times yesterday that the decision was taken for “operational and community reasons”.
It will undertake further work on the offshore pipeline this year, but intends to take an “integrated approach” to the offshore/onshore dimension next year, when it hopes that “permitting processes” will be “further advanced”.
In a letter to stakeholders issued by Shell managing director Terry Nolan, he says that the laying of the 84m umbilical, which provides the link between the Ballinaboy terminal and the Corrib field for remote control of subsea gas production facilities, will be postponed until next year.
The company explained yesterday that the umbilical laying would have involved re-establishing a works site at the Glengad landfall.
“In the past this has been a site where tensions have arisen during works. Having no works site there in 2010 will, it is hoped, minimise the exposure of the local community to such potential tensions,” its communications adviser Colin Joyce said.
The Corrib gas partners are awaiting a final decision from An Bord Pleanála on the onshore pipeline and have sought an extension to May 31st to provide further information on their application under the Strategic Infrastructure Act. Last November, An Bord Pleanála found that up to half of the proposed new onshore pipeline route was “unacceptable” on safety grounds, due to proximity to housing.
It suggested that the developers explore another route, up the Sruwaddacon estuary, but the company has said it is satisfied that the current proposed route meets all international safety standards.
In recent correspondence with An Bord Pleanála, Shell consultants RPS have queried aspects of the Bord Pleanála finding.
The Department of Communications, Energy and Natural Resources chief technical officer Bob Hanna also criticised the decision, arguing that it was based “solely on consequence” with no attention given to mitigating measures. Mr Hanna has intimated that the planning board’s approach may establish a “precedent” which could have “the effect of prohibiting all significant infrastructure developments”.
Mr Hanna’s intervention has been criticised by Shell to Sea in Mayo, which also held a protest outside Castlerea prison yesterday in support of fisherman Pat O’Donnell. Mr O’Donnell was given a seven-month sentence last week for his part in surrounding a Garda car during a cavalcade in September 2008 and a separate public order offence at Glengad.
Mr O’Donnell’s boat was sunk in Broadhaven Bay last year in controversial circumstances, ahead of offshore pipeline laying. “Pat O’Donnell and his family have become only the latest victims of abuse as a result of the Corrib gas project,”community group Pobal Chill Chomáin has said.
Irish Times
www.buckplanning.ie
The company told The Irish Times yesterday that the decision was taken for “operational and community reasons”.
It will undertake further work on the offshore pipeline this year, but intends to take an “integrated approach” to the offshore/onshore dimension next year, when it hopes that “permitting processes” will be “further advanced”.
In a letter to stakeholders issued by Shell managing director Terry Nolan, he says that the laying of the 84m umbilical, which provides the link between the Ballinaboy terminal and the Corrib field for remote control of subsea gas production facilities, will be postponed until next year.
The company explained yesterday that the umbilical laying would have involved re-establishing a works site at the Glengad landfall.
“In the past this has been a site where tensions have arisen during works. Having no works site there in 2010 will, it is hoped, minimise the exposure of the local community to such potential tensions,” its communications adviser Colin Joyce said.
The Corrib gas partners are awaiting a final decision from An Bord Pleanála on the onshore pipeline and have sought an extension to May 31st to provide further information on their application under the Strategic Infrastructure Act. Last November, An Bord Pleanála found that up to half of the proposed new onshore pipeline route was “unacceptable” on safety grounds, due to proximity to housing.
It suggested that the developers explore another route, up the Sruwaddacon estuary, but the company has said it is satisfied that the current proposed route meets all international safety standards.
In recent correspondence with An Bord Pleanála, Shell consultants RPS have queried aspects of the Bord Pleanála finding.
The Department of Communications, Energy and Natural Resources chief technical officer Bob Hanna also criticised the decision, arguing that it was based “solely on consequence” with no attention given to mitigating measures. Mr Hanna has intimated that the planning board’s approach may establish a “precedent” which could have “the effect of prohibiting all significant infrastructure developments”.
Mr Hanna’s intervention has been criticised by Shell to Sea in Mayo, which also held a protest outside Castlerea prison yesterday in support of fisherman Pat O’Donnell. Mr O’Donnell was given a seven-month sentence last week for his part in surrounding a Garda car during a cavalcade in September 2008 and a separate public order offence at Glengad.
Mr O’Donnell’s boat was sunk in Broadhaven Bay last year in controversial circumstances, ahead of offshore pipeline laying. “Pat O’Donnell and his family have become only the latest victims of abuse as a result of the Corrib gas project,”community group Pobal Chill Chomáin has said.
Irish Times
www.buckplanning.ie
Club's bid to appeal planning decision rejected
WESTWOOD LEISURE Club in Dublin has been refused leave to appeal to the Supreme Court against a High Court decision upholding a Bord Pleanála ruling that its Bar Code nightclub is an unauthorised development.
Last month, Mr Justice John Hedigan rejected claims by the club’s owners, Templeville Developments, that there had been a breach of fair procedures by the board in refusing an application to retain the nightclub use of the Clontarf premises.
The judge also rejected the club’s claim of failure by the board to have proper regard for the Dublin City Development Plan in reaching its decision. Yesterday, Michael Collins, for Westwood, asked the judge for permission to appeal his decision to the Supreme Court on grounds it raised a point of law of “exceptional public importance”.
Mr Collins said the club wanted the Supreme Court to determine if An Bord Pleanála was required to explain its reasoning for refusing permission sufficiently clearly to enable the club to reasonably assess the prospects of succeeding with an alternative proposal.
It was also seeking a determination on whether the board was entitled to refuse permission on the basis that any new works at the development would facilitate an intensification of use.
Notwithstanding its application for leave to appeal to the Supreme Court, the club was preparing an alternative plan which would scale down the premises, counsel added.
He said the club tried to engage with the planning authority, Dublin City Council, as to what might be acceptable to it. It was hoped that process might be made easier by the council “revealing the fifth secret of Fatima in terms of what is acceptable”, he said.
Nuala Butler, for An Bord Pleanála, said the club had raised no issues of public importance requiring determination by the Supreme Court. There was nothing new or novel in what the club was arguing for, she said. Conleth Bradley, for the council, agreed with Ms Butler.
Mr Justice Hedigan rejected the club’s application after holding no point of exceptional public importance was raised in relation to the club’s use. The planning authority had indicated what was permissible at the club and that any bar was to be ancillary to the club’s main activities, the judge said.
The judge adjourned separate proceedings by the council against Templeville seeking to enforce notices that it is in breach of its planning permission.
In its unsuccessful High Court application, Westwood wanted to quash a Bord Pleanála decision upholding the council’s refusal of change of use of the premises to include a late-night bar.
The board also said the Bram Stoker Museum/Dracula Experience on the complex constituted an over-development of the site and found the use of shipping containers and portacabins for storage and signage for Bar Code contrary to proper planning.
Irish Times
www.buckplanning.ie
Last month, Mr Justice John Hedigan rejected claims by the club’s owners, Templeville Developments, that there had been a breach of fair procedures by the board in refusing an application to retain the nightclub use of the Clontarf premises.
The judge also rejected the club’s claim of failure by the board to have proper regard for the Dublin City Development Plan in reaching its decision. Yesterday, Michael Collins, for Westwood, asked the judge for permission to appeal his decision to the Supreme Court on grounds it raised a point of law of “exceptional public importance”.
Mr Collins said the club wanted the Supreme Court to determine if An Bord Pleanála was required to explain its reasoning for refusing permission sufficiently clearly to enable the club to reasonably assess the prospects of succeeding with an alternative proposal.
It was also seeking a determination on whether the board was entitled to refuse permission on the basis that any new works at the development would facilitate an intensification of use.
Notwithstanding its application for leave to appeal to the Supreme Court, the club was preparing an alternative plan which would scale down the premises, counsel added.
He said the club tried to engage with the planning authority, Dublin City Council, as to what might be acceptable to it. It was hoped that process might be made easier by the council “revealing the fifth secret of Fatima in terms of what is acceptable”, he said.
Nuala Butler, for An Bord Pleanála, said the club had raised no issues of public importance requiring determination by the Supreme Court. There was nothing new or novel in what the club was arguing for, she said. Conleth Bradley, for the council, agreed with Ms Butler.
Mr Justice Hedigan rejected the club’s application after holding no point of exceptional public importance was raised in relation to the club’s use. The planning authority had indicated what was permissible at the club and that any bar was to be ancillary to the club’s main activities, the judge said.
The judge adjourned separate proceedings by the council against Templeville seeking to enforce notices that it is in breach of its planning permission.
In its unsuccessful High Court application, Westwood wanted to quash a Bord Pleanála decision upholding the council’s refusal of change of use of the premises to include a late-night bar.
The board also said the Bram Stoker Museum/Dracula Experience on the complex constituted an over-development of the site and found the use of shipping containers and portacabins for storage and signage for Bar Code contrary to proper planning.
Irish Times
www.buckplanning.ie
Wednesday, 17 February 2010
Expert warned of risk to certain housing estates
AS homes were in evacuated in Ennis during last November’s flooding, a flooding expert warned Clare County Council last November that a number of other housing estates below a certain level in the Ennis area "will almost certainly be in trouble and unlikely to be protectable" from flooding.
In an email released through the Freedom of Information Act, Tony Cawley of Hydro Environmental Ltd wrote on November 24 that his comments on the threat "are not exaggerated".
Mr Cawley made his prediction for homes in the Ennis area located below levels of 3.2 metres above sea level.
The Friday prior to the email, 40 families were evacuated from their homes in the Oakwood Drive area of Ennis.
Senior County Council engineer Tom Tiernan said the threat of flooding to the areas downstream of Ennis town centre will be removed by the construction of phase two of the flood defence works for Ennis.
Irish Examiner
www.buckplanning.ie
In an email released through the Freedom of Information Act, Tony Cawley of Hydro Environmental Ltd wrote on November 24 that his comments on the threat "are not exaggerated".
Mr Cawley made his prediction for homes in the Ennis area located below levels of 3.2 metres above sea level.
The Friday prior to the email, 40 families were evacuated from their homes in the Oakwood Drive area of Ennis.
Senior County Council engineer Tom Tiernan said the threat of flooding to the areas downstream of Ennis town centre will be removed by the construction of phase two of the flood defence works for Ennis.
Irish Examiner
www.buckplanning.ie
Tailor's Hall functions permit for An Taisce appealed
A CO LOUTH developer, whose plans for Dunleer have been thwarted three times by An Taisce appeals, is now appealing against a decision by Dublin City Council permitting the heritage body to continue holding functions at its Tailor’s Hall headquarters.
Tony Mallon, who is also chairman of the Dunleer community development board, made his appeal to An Bord Pleanála, claiming that the use of its basement for dancing and concerts would be “contrary to the proper planning and development of the area”.
Tailor’s Hall, on Back Lane off High Street, dates from 1706 and is the only surviving guild hall in the city. It has been the headquarters of An Taisce since the mid- 1980s and is regularly rented for functions, including weddings, parties and theatrical events.
However, it transpired that An Taisce had no planning permission for these uses of the stone-vaulted basement and had to seek retrospective approval to retain them “in order to regularise the status of the current community use of the building”.
Urging the council’s planners to refuse retention permission, Mr Mallon wrote: “The applicant has not adhered to the relevant procedures seeking variations to the building as set out under the Planning and Development Act 2000.”
Noting that Tailor’s Hall is in an archaeologically sensitive area, he said: “I would ask that the enforcement section of the council review this unauthorised development of a protected structure and deal [with it] accordingly.”
Under the terms of the council’s decision, An Taisce would have to pay more than €56,000 in development levies, an onerous imposition for a charitable trust which has been strapped for cash in recent years. This is being appealed.
In 2007 and 2008, Mr Mallon was refused planning permission by An Bord Pleanála to develop a major residential scheme at Barn Road, Dunleer, on foot of appeals made by local An Taisce activist Gerry Crilly, a member of its national council.
Overturning favourable decisions by Louth County Council, the board ruled that the proposed schemes would “result in over-development of this land”, saying it was not satisfied that they would facilitate the reopening of Dunleer railway station.
Irish Times
www.buckplanning.ie
Tony Mallon, who is also chairman of the Dunleer community development board, made his appeal to An Bord Pleanála, claiming that the use of its basement for dancing and concerts would be “contrary to the proper planning and development of the area”.
Tailor’s Hall, on Back Lane off High Street, dates from 1706 and is the only surviving guild hall in the city. It has been the headquarters of An Taisce since the mid- 1980s and is regularly rented for functions, including weddings, parties and theatrical events.
However, it transpired that An Taisce had no planning permission for these uses of the stone-vaulted basement and had to seek retrospective approval to retain them “in order to regularise the status of the current community use of the building”.
Urging the council’s planners to refuse retention permission, Mr Mallon wrote: “The applicant has not adhered to the relevant procedures seeking variations to the building as set out under the Planning and Development Act 2000.”
Noting that Tailor’s Hall is in an archaeologically sensitive area, he said: “I would ask that the enforcement section of the council review this unauthorised development of a protected structure and deal [with it] accordingly.”
Under the terms of the council’s decision, An Taisce would have to pay more than €56,000 in development levies, an onerous imposition for a charitable trust which has been strapped for cash in recent years. This is being appealed.
In 2007 and 2008, Mr Mallon was refused planning permission by An Bord Pleanála to develop a major residential scheme at Barn Road, Dunleer, on foot of appeals made by local An Taisce activist Gerry Crilly, a member of its national council.
Overturning favourable decisions by Louth County Council, the board ruled that the proposed schemes would “result in over-development of this land”, saying it was not satisfied that they would facilitate the reopening of Dunleer railway station.
Irish Times
www.buckplanning.ie
Waste contracts worth millions to be offered to private landfill operators
WASTE CONTRACTS worth tens of millions of euro are to be offered to private landfill operators by the four Dublin local authorities when the last Dublin regional landfill closes at the end of this year.
Almost all residual household waste collected in Dublin will be in the hands of private waste companies following the closure of the landfill at Arthurstown, near Kill, Co Kildare, next December.
The landfill, which accepts 600,000 tonnes of municipal waste per annum was due to close in 2007. An Bord Pleanála granted an extension of the facility until December 21st, 2010, but no further deposits of household waste will be permitted after this date.
It was initially envisaged there would be a short time lag between the closure of Arthurstown and the opening of the Poolbeg incinerator, and that during this period waste would be sent to the planned landfill at Nevitt, near Lusk, a Fingal local authority area.
However, while the Lusk facility was granted planning permission last year following protracted Bord Pleanála hearings on the case held on three occasions over two years, it still has not been granted an operating licence from the Environmental Protection Agency. The Poolbeg incinerator will not be operational until 2013 at the earliest. and the region’s local authorities have no other facilities to deal with household waste under their control.
They are now in a position where they will have run out of landfill space at the end of the year, and apart from small amounts of capacity in neighbouring county council landfill facilities, they will have to seek tenders from the private sector to deal with waste.
Dublin City Council has in the last week advertised for interested parties to enter into talks on the processing of up to 350,000 tonnes of waste annually.
While contracts have not yet been put out to tender, a source close to the council has said they are likely to be worth tens of millions of euro for the three years until the Poolbeg incinerator is scheduled to open.
The Irish Waste Management Association (IWMA), which is opposed to the Poolbeg incinerator, has several landfill operators, including Greenstar one of the largest private landfill operators in the region, within its membership. A spokesman for the IWMA said last night that the decision on whether to tender for any new contracts was a matter for the individual members.
However, he said: “Just as Dublin City Council expects that private industry can provide a short-term solution to this waste issue it is plain and obvious that industry can supply a long-term solution also.
“This, again, highlights the fact that the Poolbeg incinerator is simply too large for the Dublin region and is possibly unnecessary.”
Greenstar could not provide a spokesperson yesterday.
Irish Times
www.buckplanning.ie
Almost all residual household waste collected in Dublin will be in the hands of private waste companies following the closure of the landfill at Arthurstown, near Kill, Co Kildare, next December.
The landfill, which accepts 600,000 tonnes of municipal waste per annum was due to close in 2007. An Bord Pleanála granted an extension of the facility until December 21st, 2010, but no further deposits of household waste will be permitted after this date.
It was initially envisaged there would be a short time lag between the closure of Arthurstown and the opening of the Poolbeg incinerator, and that during this period waste would be sent to the planned landfill at Nevitt, near Lusk, a Fingal local authority area.
However, while the Lusk facility was granted planning permission last year following protracted Bord Pleanála hearings on the case held on three occasions over two years, it still has not been granted an operating licence from the Environmental Protection Agency. The Poolbeg incinerator will not be operational until 2013 at the earliest. and the region’s local authorities have no other facilities to deal with household waste under their control.
They are now in a position where they will have run out of landfill space at the end of the year, and apart from small amounts of capacity in neighbouring county council landfill facilities, they will have to seek tenders from the private sector to deal with waste.
Dublin City Council has in the last week advertised for interested parties to enter into talks on the processing of up to 350,000 tonnes of waste annually.
While contracts have not yet been put out to tender, a source close to the council has said they are likely to be worth tens of millions of euro for the three years until the Poolbeg incinerator is scheduled to open.
The Irish Waste Management Association (IWMA), which is opposed to the Poolbeg incinerator, has several landfill operators, including Greenstar one of the largest private landfill operators in the region, within its membership. A spokesman for the IWMA said last night that the decision on whether to tender for any new contracts was a matter for the individual members.
However, he said: “Just as Dublin City Council expects that private industry can provide a short-term solution to this waste issue it is plain and obvious that industry can supply a long-term solution also.
“This, again, highlights the fact that the Poolbeg incinerator is simply too large for the Dublin region and is possibly unnecessary.”
Greenstar could not provide a spokesperson yesterday.
Irish Times
www.buckplanning.ie
Council gives Dunne permission to build offices on Hume House site
DUBLIN CITY Council has given developer Séan Dunne the green light to rebuild Hume House, one of a number of high-profile Ballsbridge properties he bought in 2005.
Mr Dunne acquired Hume House from Irish Life when he swapped a docklands property, Riverside IV, which now houses law firm Matheson Ormsby Prentice (MOP), for the Ballsbridge office block in 2005. He is proposing to demolish the existing structure and build a new series of office blocks, designed by HKR Architects, of between six and eight storeys on the site.
A subsidiary of his group, Mountbrook, made the application last year, and yesterday, Dublin City Council granted it planning permission.
The building was at the centre of a High Court dispute between the developer and property consultants, CB Richard Ellis, last year. CB Richard Ellis sought the payment of €1.5 million fees for its role in deal between Mr Dunne and Irish Life. However, Mr Dunne counterclaimed for €35 million, arguing that, while the property swap was valued at €135 million, the next nearest actual bid was €102 million, and the actual value at the time was between €95 million and €100 million. The parties subsequently settled the case.
A number of parties, including financier Dermot Desmond, have made observations on Mountbrook’s plans for Hume House. As is normal, the permission itself comes with a number of conditions attached. Mountbrook is still working on a planning application for the nearby D4 and Berkeley hotel sites in Ballsbridge. Last November, Dublin City Councillors rejected an application for a combined residential hotel development at the site. That has since gone to An Bord Pleanála, and a decision is expected towards the end of the year.
A syndicate of banks, led by Ulster Bank, recently moved to take a stake in the hotel properties through two companies, Qulpic and ZRKO. Mr Dunne maintains a holding in the properties.
Irish Times
www.buckplanning.ie
Mr Dunne acquired Hume House from Irish Life when he swapped a docklands property, Riverside IV, which now houses law firm Matheson Ormsby Prentice (MOP), for the Ballsbridge office block in 2005. He is proposing to demolish the existing structure and build a new series of office blocks, designed by HKR Architects, of between six and eight storeys on the site.
A subsidiary of his group, Mountbrook, made the application last year, and yesterday, Dublin City Council granted it planning permission.
The building was at the centre of a High Court dispute between the developer and property consultants, CB Richard Ellis, last year. CB Richard Ellis sought the payment of €1.5 million fees for its role in deal between Mr Dunne and Irish Life. However, Mr Dunne counterclaimed for €35 million, arguing that, while the property swap was valued at €135 million, the next nearest actual bid was €102 million, and the actual value at the time was between €95 million and €100 million. The parties subsequently settled the case.
A number of parties, including financier Dermot Desmond, have made observations on Mountbrook’s plans for Hume House. As is normal, the permission itself comes with a number of conditions attached. Mountbrook is still working on a planning application for the nearby D4 and Berkeley hotel sites in Ballsbridge. Last November, Dublin City Councillors rejected an application for a combined residential hotel development at the site. That has since gone to An Bord Pleanála, and a decision is expected towards the end of the year.
A syndicate of banks, led by Ulster Bank, recently moved to take a stake in the hotel properties through two companies, Qulpic and ZRKO. Mr Dunne maintains a holding in the properties.
Irish Times
www.buckplanning.ie
Ryan's madness and folly in Corrib row
Vindication of the protesters has created the opportunity to find a political solution, but the Minister is spurning it, writes FINTAN O'TOOLE
YOU MAY have seen or heard reports that an explosion in a natural gas pipeline, so large that people thought it was an earthquake, killed five people in Connecticut the weekend before last. This was an obvious hoax. It could not have happened.
Natural gas pipelines are completely safe, and people who think otherwise are headbangers, cranks and subversives.
Last November, something interesting happened. It turned out that the headbangers of the Erris peninsula, the “extremists” who have been blocking the completion of Shell’s Corrib Gas project, were neither crazy nor extreme. An Bord Pleanála wrote to Shell’s planners, rejecting the proposed route for half of the gas pipeline, in terms that largely vindicated the protesters.
It found that on the stretch between Glengad and Aghoos, there was an “unacceptable” risk to local people in the event of an explosion. The media response to this development was extremely muted, but its implications are profound. If the pipeline poses an unacceptable risk, members of the local community didn’t just have a right to protest. They had a duty to do so. To have sat quietly would have been to recklessly endanger others.
The Corrib saga has become so bitter and divisive, it can be hard to see the obvious. Five things seem to me, however, to be pretty much beyond reasonable dispute:
The safety concerns of the locals were not perverse. They were met by a high-handed and dismissive approach from Shell and the Government. (Shell itself has acknowledged that “we had not handled local concerns around safety in the way we should have”.)
The Garda got sucked into a huge policing operation in which the force was inevitably placed on the side of Shell and against the protesters, some of whom were willing to use the issue for their own purposes. It has been heavy-handed at times: the Garda Síochána Ombudsman Commission has recommended disciplinary action against at least one senior garda.
This policing operation has been incredibly expensive (it has cost €14 million to date).
The terms under which Shell got ownership of the gas field are unacceptable: this has been tacitly acknowledged by the Government in the way it has altered those terms for the future.
Finally, Corrib is essentially a political issue. As retired chief superintendent Tony McNamara, who policed the protests up to last year, has put it, the problem is rooted in a “fundamental breakdown in trust”. “Eventually, dialogue will have to provide the solution to the Corrib gas dilemma,” he said.
These five conclusions are, I think, shared by reasonable people on both sides. They must, therefore, form the basis for an agreed way forward. If the DUP and Sinn Féin can do a deal, it surely cannot be impossible for Shell, the Government and the local communities to start from scratch and reach a compromise that stops the criminalising of well-grounded objections and unlocks a desperately needed economic and financial resource for the public good.
The person who should be leading this effort is Eamon Ryan, who has been on both sides of this conflict, first as a supporter of the protests and now as Minister for Energy. An Bord Pleanála’s vindication of the protesters should have given him the opportunity to lead here. It creates both a new dynamic and the breathing space within which a political solution can be found.
Astonishingly, however, Ryan seems to be preparing the ground, not for a fresh start, but for yet another Government intervention on the side of Shell.
On January 20th, his department wrote to An Bord Pleanála criticising its decision to refuse permission for much of the pipeline on safety grounds. Ryan’s chief technical adviser objects that the board’s decision was based on the consequences of an accident and not on “the likelihood of occurrence”, the implication being that the consequences are relatively unimportant because the likelihood is small. Instead of accepting that the residents have reasonable grounds for their fears and pushing for a genuine dialogue, the department is yet again lining up entirely with one side in the conflict. Instead of acting as an honest broker, the Green Minister is continuing with the disastrous approach of his Fianna Fáil colleagues.
This is both economic madness and political folly. It is ridiculous for an almost bankrupt State to be throwing away the massive asset represented by the Corrib field, and to be spending millions on a policing operation to facilitate that giveaway.
The political damage, meanwhile, is immense. What Corrib is telling us is that Irish politics, at either a local or a national level, is incapable of generating a decent compromise even when vital economic interests are at stake. The attitude seems to be that, having started down a road of conflict and contempt, there is no choice but to follow it to its conclusion.
If this State contrives to turn a windfall benefit into a social disaster, what chance does it have of coping with misfortunes?
Irish Times
www.buckplanning.ie
YOU MAY have seen or heard reports that an explosion in a natural gas pipeline, so large that people thought it was an earthquake, killed five people in Connecticut the weekend before last. This was an obvious hoax. It could not have happened.
Natural gas pipelines are completely safe, and people who think otherwise are headbangers, cranks and subversives.
Last November, something interesting happened. It turned out that the headbangers of the Erris peninsula, the “extremists” who have been blocking the completion of Shell’s Corrib Gas project, were neither crazy nor extreme. An Bord Pleanála wrote to Shell’s planners, rejecting the proposed route for half of the gas pipeline, in terms that largely vindicated the protesters.
It found that on the stretch between Glengad and Aghoos, there was an “unacceptable” risk to local people in the event of an explosion. The media response to this development was extremely muted, but its implications are profound. If the pipeline poses an unacceptable risk, members of the local community didn’t just have a right to protest. They had a duty to do so. To have sat quietly would have been to recklessly endanger others.
The Corrib saga has become so bitter and divisive, it can be hard to see the obvious. Five things seem to me, however, to be pretty much beyond reasonable dispute:
The safety concerns of the locals were not perverse. They were met by a high-handed and dismissive approach from Shell and the Government. (Shell itself has acknowledged that “we had not handled local concerns around safety in the way we should have”.)
The Garda got sucked into a huge policing operation in which the force was inevitably placed on the side of Shell and against the protesters, some of whom were willing to use the issue for their own purposes. It has been heavy-handed at times: the Garda Síochána Ombudsman Commission has recommended disciplinary action against at least one senior garda.
This policing operation has been incredibly expensive (it has cost €14 million to date).
The terms under which Shell got ownership of the gas field are unacceptable: this has been tacitly acknowledged by the Government in the way it has altered those terms for the future.
Finally, Corrib is essentially a political issue. As retired chief superintendent Tony McNamara, who policed the protests up to last year, has put it, the problem is rooted in a “fundamental breakdown in trust”. “Eventually, dialogue will have to provide the solution to the Corrib gas dilemma,” he said.
These five conclusions are, I think, shared by reasonable people on both sides. They must, therefore, form the basis for an agreed way forward. If the DUP and Sinn Féin can do a deal, it surely cannot be impossible for Shell, the Government and the local communities to start from scratch and reach a compromise that stops the criminalising of well-grounded objections and unlocks a desperately needed economic and financial resource for the public good.
The person who should be leading this effort is Eamon Ryan, who has been on both sides of this conflict, first as a supporter of the protests and now as Minister for Energy. An Bord Pleanála’s vindication of the protesters should have given him the opportunity to lead here. It creates both a new dynamic and the breathing space within which a political solution can be found.
Astonishingly, however, Ryan seems to be preparing the ground, not for a fresh start, but for yet another Government intervention on the side of Shell.
On January 20th, his department wrote to An Bord Pleanála criticising its decision to refuse permission for much of the pipeline on safety grounds. Ryan’s chief technical adviser objects that the board’s decision was based on the consequences of an accident and not on “the likelihood of occurrence”, the implication being that the consequences are relatively unimportant because the likelihood is small. Instead of accepting that the residents have reasonable grounds for their fears and pushing for a genuine dialogue, the department is yet again lining up entirely with one side in the conflict. Instead of acting as an honest broker, the Green Minister is continuing with the disastrous approach of his Fianna Fáil colleagues.
This is both economic madness and political folly. It is ridiculous for an almost bankrupt State to be throwing away the massive asset represented by the Corrib field, and to be spending millions on a policing operation to facilitate that giveaway.
The political damage, meanwhile, is immense. What Corrib is telling us is that Irish politics, at either a local or a national level, is incapable of generating a decent compromise even when vital economic interests are at stake. The attitude seems to be that, having started down a road of conflict and contempt, there is no choice but to follow it to its conclusion.
If this State contrives to turn a windfall benefit into a social disaster, what chance does it have of coping with misfortunes?
Irish Times
www.buckplanning.ie
Ex-attorney general among objectors to Slane bypass near prehistoric sites
FORMER ATTORNEY general John Rogers SC, who lives in the Boyne valley, will be among the objectors to plans by Meath County Council and the National Roads Authority (NRA) to build a bypass of Slane 500 metres from the Brú na Bóinne archaeological complex.
Today is the last day for making submissions to An Bord Pleanála, which will adjudicate on the scheme under the 2006 Strategic Infrastructure Act.
Depending on the number of objections, the board may decide to hold an oral hearing.
The proposed route, running east of Slane, is being opposed by the newly formed Save Newgrange campaign, led by Vincent Salafia, who was prominent in the protracted struggle against the M3 motorway because of its proximity to the Hill of Tara.
Yesterday, Mr Salafia called on An Bord Pleanála to extend the deadline, arguing that the public notice was inadequate, that more time was needed by the public and that access to information on the project had been “unreasonably curtailed”.
He said Save Newgrange had lodged a formal complaint with the European Commission, alleging the public consultation process was “flawed” and calling on the commission to intervene so the deadline could be extended for 90 days.
The planned new section of the N2 is 3.5km long and would cross the river Boyne on a new bridge at a location 1.1km to the east of the existing Slane Bridge, which has been the scene of several traffic incidents involving heavy goods vehicles (HGVs).
The frequency and severity of these incidents have been reduced since 2002, when the county council introduced extra traffic signals and an overhead gantry on the steeper southbound approach to the bridge, to control HGVs.
It is estimated that some 1,600 HGVs pass through the centre of Slane village every day. The volume of such traffic on the N2 led local residents to campaign for a ban on HGVs in Slane, and this was adopted by the county council in April 2009.
The resolution was not implemented because of fears that it “could have serious consequences for Meath County Council in terms of possible legal exposure, delivery delays and business frustration”, according to director of services Eugene Cummins.
The environmental impact statement (EIS) on the bypass proposal says it would remove through-traffic from the existing N2 through Slane, improving the village’s environment as well as giving an “improved level of service” on the route.
However, it concedes that the new stretch of the N2 route would be “just over 500 metres from the Unesco World Heritage Site of Brú na Bóinne, comprising the three main prehistoric sites [of] Newgrange, Knowth and Dowth”, on the north bank of the Boyne.
“The assessment identified 44 archaeological and cultural heritage constraints within 500m of the route. Of these, five will be impacted directly, two will be impacted indirectly and 34 will have no predicted impact,” according to the EIS.
For the 10 sites that would be affected, the potential impact is rated as “potentially significant” for three, “moderate” for two, “slight” for another two and “no predicted impact” for one.
The remaining two are “areas of undetermined archaeological potential”.
Irish Times
www.buckplanning.ie
Today is the last day for making submissions to An Bord Pleanála, which will adjudicate on the scheme under the 2006 Strategic Infrastructure Act.
Depending on the number of objections, the board may decide to hold an oral hearing.
The proposed route, running east of Slane, is being opposed by the newly formed Save Newgrange campaign, led by Vincent Salafia, who was prominent in the protracted struggle against the M3 motorway because of its proximity to the Hill of Tara.
Yesterday, Mr Salafia called on An Bord Pleanála to extend the deadline, arguing that the public notice was inadequate, that more time was needed by the public and that access to information on the project had been “unreasonably curtailed”.
He said Save Newgrange had lodged a formal complaint with the European Commission, alleging the public consultation process was “flawed” and calling on the commission to intervene so the deadline could be extended for 90 days.
The planned new section of the N2 is 3.5km long and would cross the river Boyne on a new bridge at a location 1.1km to the east of the existing Slane Bridge, which has been the scene of several traffic incidents involving heavy goods vehicles (HGVs).
The frequency and severity of these incidents have been reduced since 2002, when the county council introduced extra traffic signals and an overhead gantry on the steeper southbound approach to the bridge, to control HGVs.
It is estimated that some 1,600 HGVs pass through the centre of Slane village every day. The volume of such traffic on the N2 led local residents to campaign for a ban on HGVs in Slane, and this was adopted by the county council in April 2009.
The resolution was not implemented because of fears that it “could have serious consequences for Meath County Council in terms of possible legal exposure, delivery delays and business frustration”, according to director of services Eugene Cummins.
The environmental impact statement (EIS) on the bypass proposal says it would remove through-traffic from the existing N2 through Slane, improving the village’s environment as well as giving an “improved level of service” on the route.
However, it concedes that the new stretch of the N2 route would be “just over 500 metres from the Unesco World Heritage Site of Brú na Bóinne, comprising the three main prehistoric sites [of] Newgrange, Knowth and Dowth”, on the north bank of the Boyne.
“The assessment identified 44 archaeological and cultural heritage constraints within 500m of the route. Of these, five will be impacted directly, two will be impacted indirectly and 34 will have no predicted impact,” according to the EIS.
For the 10 sites that would be affected, the potential impact is rated as “potentially significant” for three, “moderate” for two, “slight” for another two and “no predicted impact” for one.
The remaining two are “areas of undetermined archaeological potential”.
Irish Times
www.buckplanning.ie
Friday, 12 February 2010
Board refuses Ballybeg light industrial/office development
An Bord Pleanála has refused a large industrial/office development at Ballybeg, Rathnew, Wicklow.
The Board decided to overturn the decision of Wicklow County Council's Planning Department to grant planning permission for the following reason:
Having regard to the location of the site on the periphery of the built up area of
Rathnew and, notwithstanding the zoning objective, as set out in the Wicklow
Environs and Rathnew Local Area Plan, which provides for ‘Employment and Retail
Warehousing’ on the site, it is considered that the proposed development is removed
from other areas of consolidated employment type development and having regard to
the scale, density and layout proposed, it is considered that the proposed development would result in overdevelopment of the site and would not be in accordance with the orderly expansion of Rathnew, including the adjoining AA10 zoned lands. It is considered that the proposed development would be prejudicial to the orderly development of these and adjoining lands including the provision of a co-ordinated access to these sites, would be premature pending the determination of a road layout for the area and would, therefore be contrary to the proper planning and sustainable development of the area.
This planning file's Wicklow County Council reference number is 08/1375 and the appeal reference number is PL27 .233755.
If you wish to view the decision, please visit: http://www.pleanala.ie/casenum/233755.htm
www.buckplanning.ie
The Board decided to overturn the decision of Wicklow County Council's Planning Department to grant planning permission for the following reason:
Having regard to the location of the site on the periphery of the built up area of
Rathnew and, notwithstanding the zoning objective, as set out in the Wicklow
Environs and Rathnew Local Area Plan, which provides for ‘Employment and Retail
Warehousing’ on the site, it is considered that the proposed development is removed
from other areas of consolidated employment type development and having regard to
the scale, density and layout proposed, it is considered that the proposed development would result in overdevelopment of the site and would not be in accordance with the orderly expansion of Rathnew, including the adjoining AA10 zoned lands. It is considered that the proposed development would be prejudicial to the orderly development of these and adjoining lands including the provision of a co-ordinated access to these sites, would be premature pending the determination of a road layout for the area and would, therefore be contrary to the proper planning and sustainable development of the area.
This planning file's Wicklow County Council reference number is 08/1375 and the appeal reference number is PL27 .233755.
If you wish to view the decision, please visit: http://www.pleanala.ie/casenum/233755.htm
www.buckplanning.ie
Wednesday, 10 February 2010
Cabinet backs Gormley over incinerator row
ENVIRONMENT Minister John Gormley has secured a vote of confidence from the Cabinet on his handling of the Poolbeg incinerator controversy.
But it was confirmed last night that there had been no change in government policy toward incineration and that no decision had been made on capping the amount of waste to be processed at the forthcoming Poolbeg incinerator or others. Mr Gormley -- a strong opponent of the Poolbeg incinerator -- went to yesterday's cabinet meeting to get backing from his colleagues in the wake of "suggestions" in the media that he was acting alone on the issue.
After consulting with Attorney General Paul Gallagher, the Cabinet released a statement afterwards saying Mr Gormley had the "full confidence" of the Government to develop a new waste resource management policy. This could include a cap on incineration, which would affect the 600,000-tonne incinerator being built in Poolbeg in the heart of Mr Gormley's Dublin South East constituency.
But a Government spokesman confirmed last night that no cap on incineration had been introduced and that no change in government waste policy had been made yet.
He denied that the cabinet statement was being released simply to provide political cover for Mr Gormley.
Last week, Dublin city manager John Tierney said there had been no change to waste management policy since Mr Gormley took office.
- Michael Brennan
Irish Independent
www.buckplanning.ie
But it was confirmed last night that there had been no change in government policy toward incineration and that no decision had been made on capping the amount of waste to be processed at the forthcoming Poolbeg incinerator or others. Mr Gormley -- a strong opponent of the Poolbeg incinerator -- went to yesterday's cabinet meeting to get backing from his colleagues in the wake of "suggestions" in the media that he was acting alone on the issue.
After consulting with Attorney General Paul Gallagher, the Cabinet released a statement afterwards saying Mr Gormley had the "full confidence" of the Government to develop a new waste resource management policy. This could include a cap on incineration, which would affect the 600,000-tonne incinerator being built in Poolbeg in the heart of Mr Gormley's Dublin South East constituency.
But a Government spokesman confirmed last night that no cap on incineration had been introduced and that no change in government waste policy had been made yet.
He denied that the cabinet statement was being released simply to provide political cover for Mr Gormley.
Last week, Dublin city manager John Tierney said there had been no change to waste management policy since Mr Gormley took office.
- Michael Brennan
Irish Independent
www.buckplanning.ie
Competition watchdog to investigate Poolbeg plant
THE competition watchdog is to launch a formal investigation into arrangements for the €350m Poolbeg incinerator plant, the Irish Independent has learned.
News of the investigation comes following a long line of controversies surrounding the plant, including its size and location.
Lawyers for the authority spent time assessing anti-competitive complaints about the incinerator before deciding on a formal investigation, sources confirmed.
While the Competition Authority screens every complaint it receives, it only conducts formal investigations if there is "solid evidence" that rules have been broken, according to its most recent annual report.
The probe comes following submissions to the body from private waste management companies who allege that the arrangement between the combined operators of the plant is anti-competitive by favouring Poolbeg as the facility to treat waste from the wider Dublin region.
US waste giant Covanta Energy is the main company behind the Dublin Waste to Energy plant at Poolbeg, while Danish firm Dong is its private partner in the plant.
Dublin City Council (DCC) is the public arm of the operation. The Competition Authority has written to DCC informing it of the investigation. The monopolies division of the watchdog will conduct the probe following the allegations by the operators.
In criminal cases, the authority can refer its findings to the Director of Public Prosecutions for judgment.
In civil cases, the watchdog can bring a case to the High Court, which can impose fines ranging from €3,000 to €4m for more serious breaches.
The decision by the authority to go ahead with the investigation comes just months after the High Court ruled that Dublin's four local authorities, including Dublin City Council, abused their dominant position in the household waste market in a bid to oust private operators.
In December, Mr Justice Liam McKechnie quashed changes to the Dublin waste management plan whereby only the councils, or contractors appointed by them, could collect household waste in the region. It was also claimed in court that the reason for wanting this control was so there would be enough raw material for the 600,000-tonne a year facility at Poolbeg.
DCC has committed to supplying at least 320,000 tonnes of waste to the incinerator each year. Covanta Energy is already in talks with private waste operators around the country to supply the 280,000 additional tonnage required to fill the plant, the Irish Independent reported last week.
Challenge
The High Court case arose from a challenge by firms Panda and Greenstar, which took separate cases against the councils claiming the change to the plan was an abuse of dominant position and contrary to competition law.
In his judgment, Mr Justice McKechnie said the change to the waste management plan would substantially strengthen the position of the local authorities and substantially influence the structure of the market, to the detriment of competition.
If a private company collects waste, it can then own it and can determine where that waste goes, the judge said.
He added that the Poolbeg incinerator, which is due to start processing waste in 2013, was not free from uncertainty.
DCC confirmed yesterday that it had received notification from the Competition Authority that it intended to assess a complaint received from the Irish Waste Management Association.
It added that while it would respond to the authority, work would continue on the site.
Ailish O'Hora, Public Affairs Correspondent
Irish Independent
www.buckplanning.ie
News of the investigation comes following a long line of controversies surrounding the plant, including its size and location.
Lawyers for the authority spent time assessing anti-competitive complaints about the incinerator before deciding on a formal investigation, sources confirmed.
While the Competition Authority screens every complaint it receives, it only conducts formal investigations if there is "solid evidence" that rules have been broken, according to its most recent annual report.
The probe comes following submissions to the body from private waste management companies who allege that the arrangement between the combined operators of the plant is anti-competitive by favouring Poolbeg as the facility to treat waste from the wider Dublin region.
US waste giant Covanta Energy is the main company behind the Dublin Waste to Energy plant at Poolbeg, while Danish firm Dong is its private partner in the plant.
Dublin City Council (DCC) is the public arm of the operation. The Competition Authority has written to DCC informing it of the investigation. The monopolies division of the watchdog will conduct the probe following the allegations by the operators.
In criminal cases, the authority can refer its findings to the Director of Public Prosecutions for judgment.
In civil cases, the watchdog can bring a case to the High Court, which can impose fines ranging from €3,000 to €4m for more serious breaches.
The decision by the authority to go ahead with the investigation comes just months after the High Court ruled that Dublin's four local authorities, including Dublin City Council, abused their dominant position in the household waste market in a bid to oust private operators.
In December, Mr Justice Liam McKechnie quashed changes to the Dublin waste management plan whereby only the councils, or contractors appointed by them, could collect household waste in the region. It was also claimed in court that the reason for wanting this control was so there would be enough raw material for the 600,000-tonne a year facility at Poolbeg.
DCC has committed to supplying at least 320,000 tonnes of waste to the incinerator each year. Covanta Energy is already in talks with private waste operators around the country to supply the 280,000 additional tonnage required to fill the plant, the Irish Independent reported last week.
Challenge
The High Court case arose from a challenge by firms Panda and Greenstar, which took separate cases against the councils claiming the change to the plan was an abuse of dominant position and contrary to competition law.
In his judgment, Mr Justice McKechnie said the change to the waste management plan would substantially strengthen the position of the local authorities and substantially influence the structure of the market, to the detriment of competition.
If a private company collects waste, it can then own it and can determine where that waste goes, the judge said.
He added that the Poolbeg incinerator, which is due to start processing waste in 2013, was not free from uncertainty.
DCC confirmed yesterday that it had received notification from the Competition Authority that it intended to assess a complaint received from the Irish Waste Management Association.
It added that while it would respond to the authority, work would continue on the site.
Ailish O'Hora, Public Affairs Correspondent
Irish Independent
www.buckplanning.ie
Killarney wheel project on horizon
AN observation wheel earmarked for Killarney will offer visitors a bird’s eye view of the scenery in the tourist mecca.
A smaller version of the London Eye and similar to a wheel in Belfast, the promoters hope to have the latest tourist attraction in operation this year, subject to planning permission.
It is expected to attract more than 200,000 visitors per year and to generate €2 million annually for the local economy.
The project is being promoted by Hanovan Ltd, which is working with CHL Consulting, who drafted the tourism section of the 2005 Killarney Master Plan.
Killarney Town Council has been told of the plan which, according to the promoters, will offer a compelling experience to visitors and will be a major addition to existing attractions in a town that draws well over a million visitors each year.
The council will discuss the issue in greater detail later this month.
To be driven by virtually silent electric motors, the wheel is said by the promoters to be ideal for Killarney and will create 14 jobs.
Subject to planning being obtained, the wheel will be located in a town centre car park, possibly in New Street, and will be 40 metres to 50 metres in diameter.
Intended to operate year-round, it will have up to 40 enclosed passenger capsules, each with a capacity of eight people.
Observation wheels have become popular attractions in many countries, with the Great Beijing Wheel among the largest with a 208-metre diameter. The London Eye has a 135-metre diameter.
According to the promoters, such wheels are very costly and require large numbers of visitors at high admission prices to achieve viability.
Hanovan Ltd directors are Tom Hannigan, quantity surveyor and commercial manager, and Ollie O’Donovan, a building and civil engineering contractor in London.
Last year, An Bord Pleanala refused planning permission for an 80-metre viewing tower, which would have been part of a major shopping development at the Malton Hotel, Killarney, on the grounds that it would have an adverse impact on the character of protected structures in the tourist town.
Irish Examiner
www.buckplanning.ie
A smaller version of the London Eye and similar to a wheel in Belfast, the promoters hope to have the latest tourist attraction in operation this year, subject to planning permission.
It is expected to attract more than 200,000 visitors per year and to generate €2 million annually for the local economy.
The project is being promoted by Hanovan Ltd, which is working with CHL Consulting, who drafted the tourism section of the 2005 Killarney Master Plan.
Killarney Town Council has been told of the plan which, according to the promoters, will offer a compelling experience to visitors and will be a major addition to existing attractions in a town that draws well over a million visitors each year.
The council will discuss the issue in greater detail later this month.
To be driven by virtually silent electric motors, the wheel is said by the promoters to be ideal for Killarney and will create 14 jobs.
Subject to planning being obtained, the wheel will be located in a town centre car park, possibly in New Street, and will be 40 metres to 50 metres in diameter.
Intended to operate year-round, it will have up to 40 enclosed passenger capsules, each with a capacity of eight people.
Observation wheels have become popular attractions in many countries, with the Great Beijing Wheel among the largest with a 208-metre diameter. The London Eye has a 135-metre diameter.
According to the promoters, such wheels are very costly and require large numbers of visitors at high admission prices to achieve viability.
Hanovan Ltd directors are Tom Hannigan, quantity surveyor and commercial manager, and Ollie O’Donovan, a building and civil engineering contractor in London.
Last year, An Bord Pleanala refused planning permission for an 80-metre viewing tower, which would have been part of a major shopping development at the Malton Hotel, Killarney, on the grounds that it would have an adverse impact on the character of protected structures in the tourist town.
Irish Examiner
www.buckplanning.ie
Council still awaits new details on wind farms
DONEGAL County Council is awaiting further details on contentious plans for a wind farm near Glenties, with up to 35 turbines that would be higher than the Spire in Dublin’s O’Connell Street.
The turbines, each with a hub height of 80 metres and a blade diameter of 90 metres, would be located in the townlands of Graffy, Meenagrubby, Meenaleenaghan, Meenachuit, Dalraghan More, Meenamenragh, Meenavale, Greenans, Stralinchy and Mully.
The developer, Ballybofey businessman PJ Molloy, owns some land in the area – known for its mountain scenery – and has negotiated permission from local farmers to locate the V90 turbines on their properties, reportedly for a rent of €12,000 annually.
Although its name is not mentioned in the planning application, the project is backed by a German company, Wind Prospect, which describes itself as “a leading independent wind energy developer . . . working in the UK, Ireland, China, Australia, New Zealand and Canada”. To date, Wind Prospect has “developed and/or constructed some 50 projects across the world in some of the most challenging locations and terrains”, with over 1,000MW on approved sites and a further 400MW at various stages in the development process.
Last November, Donegal County Council planners sought further information on the Glenties plan, including the omission of four of the 3MW turbines, after it emerged two householders had not given consent to have them located within 500m of their homes.
Altogether, 54 houses would be located within 2km of one or more of the turbines. Of these, 49 would be within 1km, 21 within 500m, 18 within 400m, six within 250m, four within 150 metres, two within 100m, and one within 500m of seven turbines.
The council’s 11-point request also sought details on which turbines would exceed the noise levels in the Department of the Environment’s wind energy guidelines, saying it had “concerns regarding the noise levels affecting a number of adjacent properties”.
The department had expressed concern that the proposed development “could significantly damage or destroy” the habitats of freshwater pearl mussel, Atlantic salmon and otter, all of which are listed species for protection under the EU habitats directive.
In its further information request, the council sought an “appropriate assessment” of the potential impact of the turbines on the site’s conservation objectives, as well as more firm proposals to avoid siltation and water pollution of the Owenea and other rivers.
Letterkenny planning consultants Harley Newman, acting for Mr Molloy, said they were “conscious of the legal time limit of six months within which we must respond” and would revert to the planners following discussions between their client’s consultant ecologist and the department.
In total, 63 objections have been made against the proposed development, mainly on the grounds of its scale, visual impact, noise and other risks.
There are also fears that it could set a precedent for four or five other wind farms in various stages of planning for the area.
Irish Times
www.buckplanning.ie
The turbines, each with a hub height of 80 metres and a blade diameter of 90 metres, would be located in the townlands of Graffy, Meenagrubby, Meenaleenaghan, Meenachuit, Dalraghan More, Meenamenragh, Meenavale, Greenans, Stralinchy and Mully.
The developer, Ballybofey businessman PJ Molloy, owns some land in the area – known for its mountain scenery – and has negotiated permission from local farmers to locate the V90 turbines on their properties, reportedly for a rent of €12,000 annually.
Although its name is not mentioned in the planning application, the project is backed by a German company, Wind Prospect, which describes itself as “a leading independent wind energy developer . . . working in the UK, Ireland, China, Australia, New Zealand and Canada”. To date, Wind Prospect has “developed and/or constructed some 50 projects across the world in some of the most challenging locations and terrains”, with over 1,000MW on approved sites and a further 400MW at various stages in the development process.
Last November, Donegal County Council planners sought further information on the Glenties plan, including the omission of four of the 3MW turbines, after it emerged two householders had not given consent to have them located within 500m of their homes.
Altogether, 54 houses would be located within 2km of one or more of the turbines. Of these, 49 would be within 1km, 21 within 500m, 18 within 400m, six within 250m, four within 150 metres, two within 100m, and one within 500m of seven turbines.
The council’s 11-point request also sought details on which turbines would exceed the noise levels in the Department of the Environment’s wind energy guidelines, saying it had “concerns regarding the noise levels affecting a number of adjacent properties”.
The department had expressed concern that the proposed development “could significantly damage or destroy” the habitats of freshwater pearl mussel, Atlantic salmon and otter, all of which are listed species for protection under the EU habitats directive.
In its further information request, the council sought an “appropriate assessment” of the potential impact of the turbines on the site’s conservation objectives, as well as more firm proposals to avoid siltation and water pollution of the Owenea and other rivers.
Letterkenny planning consultants Harley Newman, acting for Mr Molloy, said they were “conscious of the legal time limit of six months within which we must respond” and would revert to the planners following discussions between their client’s consultant ecologist and the department.
In total, 63 objections have been made against the proposed development, mainly on the grounds of its scale, visual impact, noise and other risks.
There are also fears that it could set a precedent for four or five other wind farms in various stages of planning for the area.
Irish Times
www.buckplanning.ie
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