Planning Cases



Planning Appeal against the proposed Shannonbridge Peat Powered ESB Station


1 July, 2001


This is a development by an emanation of the state and this appliciation must be processed according to European Law not to the inadequate implementation of the Environmental Impact Assessment Directives by Ireland.


We examined the file on the 4 of July and found that there was no report from a planner on file. On enquiry we were informed that it was not available because the planner had not yet finished writing it.


It is difficult to object to an assessment which has not been carried out.


But from reading the conditions attached it is clear that the Planning Authority does not consider that all the necessary information was available on the planning file or in the Environmental Impact Statement.


The planning permission requires that the following essential points on which the public have a right to comment will be decided by them at a later date without public input:


Decommissioning.


Site layout plan.


Construction waste.


Toxic waste.


Landscaping.


Sanitary facilities during construction (The pollution of Lough Ree a Sac will occur from this, it has not been assessed).


Surface water has not been assessed.


Variations of the layout have been permissioned but have not even been applied for.


Adequate measures shall be put in place at the disposal site… These must be in the Environmental Impact Statement.


Vehicle washing facility is an activity which requires planning permission and has not been applied for.


The routes of the peat delivery trucks has been excluded from public consultation.


The decommissioning of the old power station a development which could have a major impact on the environment and has been excluded from public consultation.


Decommissioning of the proposed plant is excluded from public consultation.


It is our submission that a development which requires Environmental Impact Assessment must show all this likely significant effects in the Environmental Impact Statement. It is clear from the grant of permission that this is has not been done in this case. The public has a right to be consulted on all matters where an Environmental Impact Statement has been submitted. It is our submission that this point of law excludes a planning authority and An Bord Pleanala from imposing conditions for matters to be agreed with the planning authority, which excludes the rights of the public to comment.



This grant of permission is invalid in law. It should be returned to the Planning Authority for proper consideration as required under the Environmental Impact Assessment Directives.


The Lehery River at the landfill has not been properly assessed.


Should the Board decide to consider this appeal we will comment on an complete Environmental Impact Statement when submitted, which shall include all the likely significant effects on the environment, including the assessment of the sites of the peat mining as required under the Environmental Impact Assessment and Habitats Directives. It is our submission that some of the bogs from which it is proposed to extract the peat may be Priority sites under the Habitats Directive. The Advocate General of the European Court of Justice has found Ireland to be in breech of the Habitats directive, because Ireland has not submitted an exhaustive list of sites as required by the directive. The judgment of the EUCJ is expected in September 2001.


CONCLUSION

This application is invalid and cannot be grated permission in its present form.



Yours faithfully




Peter Sweetman and on behalf of

Friends of the Irish Environment