Friends of the Irish Environment, who are seeking an injunction to remove Marine Harvest’s three kilometre pipe line extracting water from a lough in Connemarra, have welcomed the decision of the Council to reject Marine Harvest’s application to retain the works. The Council ruled last month that the work required planning permission and was not exempt development. The Company then applied for permission to retain the illegal development. ‘This international company is not short of legal advice – it knew well from the outset that it needed planning permission for this work and that any retroactive planning permission would not be legally valid. Marine Harvest tried to cash in on the ‘retention culture’ – developers who build first and ask afterwards – but those days are gone. The European Courts have made it quite clear that you must assess the impact of a project before you begin, not after it is done.
Mr. Lowes claimed that the state is ‘deeply complicity’ in the operation. ‘Údarás na Gaelteachta, the Regional Authority, established a company, Bradan Beo Teo. on 2 July 2012 to which a abandoned fish farm license was transferred. Thus, the State is the license holder and is legally liable for Marine Harvest’s actions. Marine Harvest itself has no legal presence in Ireland but operates through a number of companies ‘trading as’ Marine Harvest Ireland.
Council rejection letter
FIE Submission seeking rejection:
An injunction is being sought by the environmental group Friends of the Irish Environment in the High Court to require Marine Harvest to cease the extraction of water from a lough in Connemarra, to remove a three kilometre pipeline, and to restore the site to its natural condition.
The injunction, taken under Section 160 of the Planning and Development Act, comes after Galway County Council ruled that the development was unauthorised and required planning permission.
The site is one of the most valuble nature conservation areas in Ireland and the activities connected with the fish farm threaten birds and wilkdlife as well as rare marine species.
Read the detailed objection to the Council
The National Parks and Wildlife Service has applied to Kerry County Council to construct a 1 km paved road at the western edge of KillarneyNational Park to facilitate human access to the heart of one of Europe and Ireland’s most sensitive nature conservation sites.
The site is a National Park, a Special Area of Conservation, A Special Protection Area for Birds, a Natural Heritage Area, and a Core areas of a UNESCO Biosphere Reserve. It is defined in the Management Plan as ‘a wilderness area composed of a mosaic of wildlife habitats’.
The requirements for the protection of this UNESCO Biosphere core zone would be flaunted by this development. Only ‘transitional areas’ outside of ‘core zones’ and ‘buffer zones’ in Biospheres are considered suitable for recreational activities. As UNESCO states ‘the life-supporting areas of Earth are valuable and fragile, and need to be treated with care by human beings.’
In a submission to the National Peatlands Strategy, Friends of the Irish Environment have pointed out that total emissions from our bogs are of the same scale as total emissions from the transport sector yet the draft Strategy fails to integrate with climate change policy and indeed is in conflict with Ireland's obligations under the UNFCCC.
The strategy has not been informed by a legal analysis of Ireland's obligations under UNFCCC nor by a policy analysis of what these obligations mean for peatland management. The Policy should set out Ireland's obligations regards carbon stores and sinks under UNFCCC.
See what Trump was planning to put on Doonbeg Strand, notwithstanding detailed planning permission ruling just such rock armour defences as not permitted. They do not work and disrupt the natural evolution of dune systems.
Trump is struggling to stop the erosion, which has led to 'unprecedented damage' during the winter storms. After Trump's men arrived with the stone, there was a confrontation between National Parks and Wildlife and the Local Authority on one side and the Trump men on the other. The local authority issued an Enforcement Notice on 21 February, 2014, with which the new owners complied.
Trump's Irish solicitors, Leahy and Partners, wrote subsequently to the authorities stating that five holes were now out of service ' rendering the course unplayable and inoperative.' Greens, tees, and critical irrigation components have been lost while significant flooding and drainage Issues with 'millions of euros of damage through the site.'
Trump himself told the Irish Times that the cost of the winter's erosion was €1m. The European Nature 2000 designation itself was reduced to the most minimal dunes, however, and these have been altered by what the NPWS calls a 'major erosion event'. Trumps attempt at rock armour is only the a taster for what is to come. 'If the environmentalists kick up, I am not concerned', Trump told the Irish Times. The site is highly protected after a 2000 Court Case by Friends of the Irish Environment that put in place a 'Letter of Comfort' ensuring any owner would abide by a protective regime for Vertigo angustior , the rare narrow-mouthed whorl snail which has thrived under a Management Agreement. An extensive annual report is required and prepared by qualified scientists each year at the cost of the owner and the site now hosts some of the longest continual records of the snail in Europe.