by Enda Craig
Community For a Clean Estuary
Lough Foyle, Co Donegal, Ireland
The above attachment contains details of amended national legislation that came about as a result of a formal complaint made to the European Commission by the environmental campaign group 'Community For a Clean Estuary', Carnagarve, Moville, Co Donegal.
The group had alleged that the legislation granting planning permission by An Bord Pleanála and the High Court, to build a proposed Waste Water Treatment Plant for the towns of Moville and Greencastle at Carnagarve, was based on defective European Planning Legislation.
This amendment was carried out by the Irish Government on foot of an ultimatum from the European Commission in Brussels to either amend the defective legislation or face the European Court of Justice in Luxembourg.
The Government recognised the game was up and decided to comply with the relevant European Environmental Legislation.
This is a massive achievement by a small group of community activists determined to prevent their local environment being destroyed. Having witnessed An Bord Pleanála and the High Court of Ireland deliberately (and illegally) ignore European Commission legislation, it is encouraging to see them being brought to account and have them apply proper process.
Nevertheless, the final important battle is yet to be decided. The European Commission having insisted on compliance must now decide if the original planning permission by An Bord Pleanála is allowed to stand. Will the European Commission insist the decision to grant planning permission is re-visited and set aside (as it should be) in light of the amended legislation?
Historically the European Commission does not retrospectively apply amended legislation but our group Community For A Clean Estuary is challenging this decision. We must point out that no group would reasonably be willing to take the time, effort and go to the expense of making a complaint to the European Commission if it means that in return your own case will be ignored and only future projects will need to comply with the amended European Legislation.
Source: SaveTheFoyle, Feb 19, 2017