23 February 2000 BALLYMUN JUDICIAL REVIEW WELCOMED
Friends of the Irish Environment welcomed the Judicial Review taken by a resident of the decision of An Bord Pleanala to overrule its Inspector and grant permissions for 1 of the 13 permissions in the first phase of the development. In a decision dated 23 December, 1999 An Bord Pleanala struck out the recommendations of its Senior Inspector, Philip Jones. The Inspector supported the appellants and recommended no development take place until an additional permission was sought to permit the public to have the opportunity to comment on the proposed drainage systems. The Inspector wrote: "I cannot ignore the valid objections raised by the observers on this issue and certainly do not accept that it is reasonable that the issue should be solely one to be agreed, effectively privately, between Ballymun Regeneration Ltd. and Dublin Corporation, without further public comment. The attenuation measures are, most likely, going to require large ponds in open spaces. Those residents close to these open spaces have a legitimate right to make representations in respect of such major engineering works, to the extend that they may be affected by them." Other grounds include the loss of public space, both in Poppintree Park and the 46 hectares of Silloge Park purchased by the Corporation in the 1970s for the benefit of residents of the area, as well as the use of "project splitting" to avoid an EIA [Environmental Impact Assessment] process which would have given proper consultation to residents. =============

Press Release 10 February, 2000 EU Legal Challenge to Planning Bill Gains Support 75 environmental groups around the country were supported by all the opposition parties and the President of the Irish Planning Institute in calling for the removal of the fee on planning applications in the proposed Planning Bill. A copy of a letter sent to Environment Commissioner Ms Margot Wallstr??m was handed in to the Dáil Wednesday after a protest meeting in Dublin. The letter, drafted on behalf of 75 environmental and community groups around the country, asserted that the statutory provisions proposed in the Planning Bill to restrict the right of citizens to participate in the planning process are illegal under European Law. "Where planning applications involve the inclusion of an Environmental Impact Assessment, the EIA Directive gives absolute rights to European citizens to participate in the decision making process. Article 6 (2) makes it very clear that Member States shall ensure that they give "the public concerned the opportunity to express an opinion before development consent is granted". The - Campaigns received support from Alan Dukes of Fine Gael, Eamon Gilmore, Labour, Patricia McKenna and John Gormley of the Green Party and Independent Socialist TD Mr Joe Higgins. The specific measures in the Planning Bill which these groups oppose are ¬? the fee to comment on a planning application ¬? the requirement to have previously commented on an application locally, and paid the fee, in order to appeal to An Bord Pleanala ¬? the new requirement for a person to have a 'substantial' interest in order to request Judicial Review of a planning decision. Supporting the protest, Philip Jones, President of the Irish Planning Institute, said that "As a matter of principle we feel as practicing planners that people shouldn't have to pay to put their concerns about a development in their area to the local authority The local authority after all is supposed to be the guardian of the local environment." Pointing out that the Minister was unlikely to require County Councilors to pay such a fee, the Irish Planing Institute suggested this aspect of the Planning Bill "did not seem to be a workable piece of legislation" as Councilors would be "inundated by potential objectors who will use that route to get into the local authority". FIE says the Minister has repeatedly claimed that in compensation for a fee Irish citizens will now have a statutory right to make these observation. "This supposed benefit to citizens is utterly without substance and in no way makes up for the loss of the right to observe without charge." David Healy, spokesman for FIE, said "It is astonishing that the Government should be attempting to restrict citizen's rights in Ireland at a time when European policy is clearly headed in the opposite direction". FIE's spokesman added that "It has been suggested that the proposals are unconstitutional but the attitude of the Irish Courts to those individuals who take environmental cases in the public interest gives us little hope that the matter can be resolved effectively within Ireland." Legal comment: Dr. Sara Dillon 01 706 8789 Spokesman: David Healy 01 8324087 List of Community Groups and Press Conference Organizer: Judy Osborne 0404 40523
NGO PRESS RELEASE ON EU PETITION 3 SEPTEMBER 2001
MONDAY 3 SEPTEMBER, 11 AM PLACE: BUSWELL'S HOTEL PETITION TO EU TO HALT NEW PEAT POWERED ESB STATIONS Patricia McKenna, Green MEP, today launched a Petition to the President of the European Commission on behalf of six Irish environmental NGOs seeking to prevent approval of subsidies for the two new proposed peat powered electricity stations at Laneborough and Shannonbridge. Green TD Trevor Sargent joined Patricia McKenna at the Press Conference before Ms McKenna left for Brussels with the Petition. The Irish Government has applied to the European Commission for approval of a Public Service Obligation to permit the uneconomic cost of producing peat powered electricity to be recovered from all Irish users of electivity. Patrick Finnegan of the newly formed Grian, Greenhouse Ireland Action Network, claim that "by permitting the imposition of a Public Service Obligation to support fossil fuels, the Commission works directly against the restructuring of the Irish electricity industry to favor alternative energy, where a PSO is rightly in place to support wind generation and water turbines and could be extended to the wind generation opportunities identified by Bord na Mona on cut-away bogs." The six environmental groups claim that "the proposed cross subsidising of these power plants will further distort competition and create a market access barrier for alternative and more environmental friendly and cost effective sources of electricity supply and raw materials." The environmentalist claim that the proposed stations will contribute to Ireland's greenhouse emissions through harvesting a valuable carbon sink as well as emitting more CO2 than natural gas. "We hear a great deal about forests as carbon sinks, but forests "sink" only 300 tons of carbon per hectare where raised bogs hold up to 2,000 tons per hectare. Neither the Planning Authority or the Environmental Protection Agency IPCC licenses will address the issue of greenhouse gas emission from the harvesting of turf", a spokesman for the NGOs stated. "The Governments arguments that the new plants are required for national security is outdated by the Corrib gas FIEld. And if the justification is income redistribution, there are more efficient ways of doing it than building power plants." Further Information: An Taisce at 01- 454 1786 or 086-8251236 An Taisce, Friends of the Irish Environment, Irish Peatland Conservation Council, Grian the Greenhouse Ireland Action Network, The Irish Wildlife Trust, VOICE of Concern for the Irish Environment. Notes to editors Petitions to the European Commission are the right of every citizen. Apporoximatly 1,500 petitions are lodged each year, signed by several million people. Petitions take 12 - 18 months before they are determined by the Committee on Petitions. "The central issue is the subsidisation of a fossil fuel which damages the environment. The Commission should restrict energy subsidies to renewable energy." This Petition has 8 grounds Contravention of United Nations Framework Convention on Climate Change and Kyoto Protocol Though emissions and through harvesting of a carbon sink. Lack of compliance with Habitats Directive Ireland's list of bogs is incomplete. Contravention of Biodiversity Convention Requires protection of our biodiversity even when outside of designated areas. Security of national supply An argument that is weakened both by the Corrib gas FIEld and by the recently built plant at Edenderry. Competition & State Aid Issues & Disadvantaging renewable energy Cross subsidising of these power plants will further distort competition and create a market access barrier for alternative and more environmental friendly and cost effective sources of electricity supply and raw materials. Protection of Archaeological Heritage The Valletta Convention requires the conservation of elements of the archaeological heritage including all remains and objects and any other traces of mankind from past epochs. Lack of rehabilitation proposals Any other form of mining requires binding rehabilitation agreements and consultative after use plans. Further Information: An Taisce at 01- 454 1786 or 086-8251236
5 September: In a landmark decision, the Planning Appeals Board rules against Bord na Mona and requires them to seek planning permission for the extraction of peat on a 100 hectare site at Abbeyleix, Co Laois. By this precedent, will Bord na Mona now have to apply for planning permission for the 1,500 hectares of peatlands they need each year for the new power stations, opening the way to the first Environmental Impact Assessment of peat extraction in Ireland's history? Read the Press Release.
AN TAISCE PRESS RELEASE 4 September 2002 Planning permission required for Abbeyleix Bog An Taisce today welcomed the decision by An Bord Pleanala that Bord na Mona must seek planning permission for works to extract 100 hectares of peat from Killamuck Bog, Abbeyleix, Co.Laois, for horticultural purposes. Bord na Mona contended the development works they proposed were exempt because drainage work had commenced prior to the new Planning and Development Act 2000. Shirley Clerkin, Natural Environment Officer, An Taisce stated "Nationally, Bord na Mona will have to reassess its plans for the harvesting of peat for the new peat-burning stations for Lanesborough and Shannonbridge for which they have also claimed exemption from planning permission. On the European level, we will be forwarding this decision to the President of the European Parliament as part of the petition by Irish NGOs in relation to the peat extraction planned for the two stations, for which neither planning permission was sought nor EIS submitted". The decision by the Board gave as its reasons that the bog had been "abandoned" for a period of years. It also cited the increased level of traffic generated, the new entranceway required, and the fact that the public had traditional access to this amenity for a period of ten years. ENDS More information: Shirley Clerkin, An Taisce - 042 93 20270 Detailed comment: Bord na Mona contended in their submission to the Appeals Board that the development works they proposed were exempt because drainage work had commenced prior to the new Planning and Development Act 2000. 'Peat extraction' had never been specified as exempted development in the Planning Acts, until the 2001 Planning and Development Regulations(S.I no 600 of 2001) (Schedule II, Part 3, class 17). This states 'peat extraction in a new or extended area of 10 hectares or more, where the drainage of the bogland commenced prior to the coming into force of these regulations'. An Taisce argued in their submission that this provision was in direct conflict with the Environmental Impact Assessment Regulations which provide that 'peat extraction' which would involve a new or extended area of 50 hectares is 'specified development', meaning it cannot be exempted. An Taisce also opposed the Bord na Mona view that "the lands are not of any particular ecological significance". A study submitted by A.R.E.A. the local action group trying to conserve the bog stated in relation to the survey "These are just a handful of rarest of the 350 plant species and 160 animal species identified by surveys to date and these essentially only in one summer season on a limited area of the site. Consequently, the very significant ecological and biodiversity value of the site has only begun to be uncovered" It is also important to note, that although Bord na Mona holds an Integrated Pollution Control licence for this site (granted 29th February 2000 by the Environmental Protection Agency) that no Environmental Impact Assessment was undertaken, nor an Environmental Impact Statement submitted as part of this IPC application, despite a clear legal requirement to so do. In addition, the local community were not adequately provided with the opportunity to comment on the application as the notice in the newspaper stating that Bord na Mona were applying for an IPC licence only stated the following location: "Coolnamona Group c/o Boora Works, Boora, Leabeg, Tullamore, Co. Offaly". Nowhere did the notice state that the location of the activity was actually Abbeyleix, or even in Co. Laois. LEGAL ANALYSIS