PUBLIC DENIED ACCESS TO ‘OPEN’ PLANNING SERVICE FILES ON PROPOSED INCINERATOR AT LOUGH NEAGH

16th March 2010

CALNI has been forced to make legal representations to the Planning Service as it has continually been denied inspection access to the ‘open’ planning file on the proposed Incinerator at Lough Neagh since last November.

Ray Clarke, Chairman of CALNI says the public is questioning whether the Planning Service is coming under pressure to force through a decision it knows will be overturned by a judicial review.

In a letter from its legal representatives Carson McDowell, they put to the Chief Planning Officer that the decision to shut down public access to the file has materially prejudiced CALNI’s and the general public’s ability to participate in the planning process and to make representations in response to submissions made to Planning Service.

The letter goes on to say;

“The prejudice is compounded by the failure of Planning Service, at multiple levels, to respond to repeated requests by our client for meetings to take place between our client, its experts on the one hand and Planning Service and its consultees on the other.

“In addition, our client has repeatedly requested:

• that a Public Inquiry be held into the operations of the Glenfarm Holdings Ltd subsidiary Ulster Farm By Products Ltd (UFBP) on the site adjacent to the proposed Rose Energy site;
• that Planning Service obtain a report from the DARD Chief Scientist giving an update on research into alternative strategies for working within the constraints of the Nitrates Directive, including technological alternatives to centralised incineration, since the last report in 2005; and
• that DARD/DOE provide Planning Service with details of the timeline for the 2010 negotiations with the European Commission and full details of the current working plan for nitrates directive derogation.

 No substantive response has been received to these requests.

“We repeat our request for immediate access to the open file on these applications and for copies of all correspondence, e-mails, attendance notes and other documentation that has not yet been provided to our client and its representatives together with an opportunity to comment upon same.

“Please note that use will be made of this correspondence in any subsequent legal proceedings challenging the Planning Service’s handling of this case.”

Commenting on the lack of response from the Planning Service and the Minister for the Environment, Ray Clarke confirmed that CALNI will be raising the issue with the DOE Scrutiny Committee at Stormont.

“We are questioning the legality of the position taken by the Planning Service and why they feel it is important to deny the public our legal right to inspect planning information that directly affects our lives”

For further information contact Sheila Davidson CALNI, 07785793672 or David Kerr, Strategic Planning 02890425222