Now we have confirmation that Ireland was non compliant with very important legislation involving licensing and planning permission for waste water treatment plants. In particular for a case such as ours we have been seeking the protection of this and other EU legislation which was denied us in the lead up to and the granting of permission for the sewerage scheme.
This has implications for all major planning projects, particularly those that have potential to do serious damage to our environment. A discharge licence cannot just be tagged on at the end of a scheme that has already received planning permission. These schemes must not be split up into separate planning applications and must be assessed as one unit.
Save the Foyle have been down every road to highlight the idiotic decision of Donegal County Council to pump effluent into an enclosed Estuary when access to open sea is available.
In 1990 Donegal County Council elected members unanimously passed a motion to reject any proposal to pump sewage or effluent from the proposed Moville/Greencastle Sewerage Scheme into Lough Foyle and to relocate the proposed treatment plant and outfall pipe at a more suitable location outside of the environs of the Lough. This was overturned by an executive decision and permission was granted.
Ignoring this unanimous decision by the Council caused millions of euro to be spent on consultants proposing a scheme, an ultra expensive oral hearing, an appeal rejected by an Bord Pleanála (despite the opinion to refuse planning permission by the Boards Inspector on three separate occasions).
Our community has had to stump up and support me in an expensive High Court Challenge which I believe failed to identify the requirements of C50/09 in a case of such environmental importance.
Irish Water have taken over responsibility for the Moville proposed treatment works and it's discharge of effluent.
They should halt their plans to continue with procuring the scheme. In the communication from Antoinette Long the Commission states that they anticipate the scheme cannot progress until new legislation is in place.
Irish Water is throwing more good money after bad. This should not be an option.
The responsibility for past 26 years of hell that this little community of Carnagarve has endured must be placed directly at the feet of Donegal County Council.
After having democratically and unilaterally selected the perfect location for the disposal of the properly treated effluent into the Wide Atlantic, North of Greencastle in 1990, they have spent (or rather wasted) millions manipulating the disputed plans.
These 26 years have been made even worse by the despicable treatment we have been subjected to by most of the agencies we have had to deal with. These agencies, whose function should be to inform and assist, have shown themselves incapable of transparency when it came to applying regulations.
Nothing less than a wide ranging investigation should be accepted into the incompetence that has left this community without an up and running plant for this past twenty years.”