'Superdump' at Usk , Kilcullen , Co. Kildare.
kildare |
rights, freedoms and repression |
other press 
Friday April 11, 2008 16:04
by Sharon. - Individual .
Usk residents continue their objection.
"RESIDENTS of the Usk area, just outside Kilcullen, are continuing their campaign against the siting of a so-called superdump in their area. The proposal by Greenstar was originally turned down by Kildare Co Council because it contravened the county plan but, following an An Bord Plean·la hearing, the board over-turned that decision and gave permission for the landfill project to go ahead. This was despite the fact that, after a hearing lasting four and a half days, the An Bord Pleanála inspector actually recommended against the siting of the dump at Usk...."
http://archives.tcm.ie/kildarenationalist/2006/10/12/st...1.asp
"An Bord Pleanála has agreed before the High Court that its decision granting planning permission for a landfill site in Co Kildare must be overturned.
A local residents group which challenged the permission had claimed the manner in which the board had dealt with the planning application had been "peculiar throughout". The board yesterday conceded that its permission, granted on the basis of certain conditions, should be quashed because the board had reached that decision on the basis of inadequate records.
The court heard there was no record of any meeting of the board as to how the planning conditions as finally prepared were approved...."
http://buckplanning.blogspot.com/2007/02/board-to-quash....html
More information can be found here -
http://www.courts.ie/Judgments.nsf/597645521f07ac9a8025...ument
http://archives.tcm.ie/laoisnationalist/2002/01/29/stor...4.asp
http://www.kildare-nationalist.ie/news/story/?trs=cwqlm...hauey
http://buckplanning.blogspot.com/2007/11/usk-landfill-f....html
- and by contacting Des Henry , Usk and District Residents Association , on 086-2664787.
Thanks!
Sharon.
Comments (34 of 34)
Jump To Comment: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34Hi !
Well done to all concerned for taking the time to protest about this issue - great to see such a turnout!
Sharon.
It is unbelieveable that this case is not being investigated!
It is shameful that ordinary local working people are forced to defend their local environment against big business interests while the state agencies do everything in their power to facilitate it.
How can it be possible for permission to be granted with two highcourt decisions against this site being used as a commercial superdump?
Why has the department of Environemt or controller & auditor general not investigated the waste of public money by Bord Pleanala in this manner?
Why has there been no investigation into the manner of dealing with this case by the bord?
If five members of the bord are to make decisions on planning apppeals, how can one member go on a solo run and grant a permission without meeting the other members to make the decision?
In how many appeals has this happened before?
Is this common practice for the Bord?
Surely 3 years is enough time for 5 members of the bord top meet to decide on an application!
Well done to all concerned in the protest against the landfill site at Usk. You are fighting a worthy cause against corruption in planning. Who are An Bord Pleanala trying to facilitate????
I think the residents of Usk are right to highlight the unfair treatment they are receiving at the hands of An Bord Pleanala and Greenstar. Kildare has suffered for long enough as the dumping ground for Dublin and now a commercial organisation want to profit from polluting the Kildare countryside once again - not to facilitate Kildare's waste but waste from all over Ireland.
"An Bord Pleanála inspector actually recommended against the siting of the dump at Usk...."
Nothing new there then. If the greens do one thing to justify their existance in government it should be to radically overhaul Bord Pleanala - its giving a bad name to so called planning in this country
....future Tribunal material ?
Hi !
It's heartening to see that some people still have a bit of spirit in them and are prepared to challenge the decisions of the-powers-that-be - well done to the Usk and District Residents Association !
Thanks!
Sharon.
It's not just the residents of Usk that this issue is affecting, serious faults have been found with the way that the board dealt with our case but who is to say this hasn't happened countless times before? Everyone needs to sit up and take notice because it could be you next. Planning permission is a very precious commodity and the people entrusted with it have shown scant regard for proper procedures and this must be investigated for everyone's sake.
I have been keeping a eye on the happenings around Usk. Good on the residents for putting up such a long, dedicated and costly protest.
The timeing on this whole affair is questionable to say the least - how long can it take to make a decision?
The first permission was granted without the full detail and against the reccomendations of one of the advisors -who actually reccomended against it. Two high court decisions ruled against the site being used as a commercial dump - pray tell why this has been ignored by an Bord Pleanala?
I can guarentee that if this was a small enterprise looking to set up a dump busisness in Kildare they would have been laughed out of the BP offices! Yet this case drags on and on and on. Is this something to do with the 'money' available by Greenstar to buy the best of legal services available? If the law sats NO then it means NO! And that applies to man, woman and child!!
These unfortunate residents have had to fight a huge corperaton in court - which we all know is not cheap. They have fundraised and put up money from their own pockets to keep the campaign going - and their dedication is exemplary. That is the true story here. This has not only cost them financially - but emotionally and economically is terms of not being ale to move on with their lives - especailly those who had planned on selling their houses - prices for which subsequently will be affected by this proposed dump.
What is the message to the people if Ireland? 'If you have enough money you can buy what you want and bully people as much as you like?' Where is the accountability of an Bord Pleanala? Why has there not been an investigation into this?
Keep up the fight. Its great to see a community join forces and stand up to the 'big guys' who , after all, are only in it to make themselves richer!!
I can't believe what im reading about this proposed dump!!!Can the media not see the corruption happening before their eyes. Why do An bord pleanala appoint representatives to sit at these oral hearings and then go against their reccommendations? . Am i the only one that thinks they are wasting our tax payers money. Who are these people are they past members of the board of Green star, national toll roads or celtic waste ???????? Some one needs to answer these questions before this goes on for another 8 years with the residents winning all their cases maybe the residents should go to europe where they might get a fair hearing!
....by big business interests ?
Hi !
It does indeed appear that there is bigger interests at play in regards to this issue -
"I wonder if the date was changed to facilitate the developer's request. I can't help but wonder if there is some kind of arrangement between the two...."
http://www.leinsterleader.ie/news/PROTESTERS39-PLEA-DON...37.jp
- perhaps that's why the media in general (with the honourable exception of this site and the local newspapers linked to) are afraid to touch it ?
Thanks!
Sharon.
To me, what's now happening at Usk all looks like something of a re-run of what happened at Kilconell (East Galway) with Greenstar (National Toll Roads) a few years ago.
For a little background information on Kilconell see at:
http://www.google.com/search?q=Kelly%2C%20Kilconnell%2C...arhus
"When will they ever learn?"
Hi,
This all sounds very suspicious to me, what have the board got to hide? I'm delighted the Usk Residents are bringing attention to this it's time to let big companies with millions behind them know they can't bully and buy their way. It is very clear that there are quite enough dumps in Kildare so why the big effort to locate another one in this lovely rural area??
Hi Lorraine !
Unless I entered the wrong search terms , or unless it is usual practice for An Bord Pleanála not to include details/comments on their site re issues like this , my query for information re the Usk situation on their website returned the following -
http://www.pleanala.ie/casenum/131620.htm
- their own 'Case Details' link re Usk contains only a map of the surrounding area . I expected more information , due to the nature of this particular issue but , as stated , perhaps it's usual practice for that organisation not to include all the available information ?
If so , why would that be ? The public should be entitled to all the information re 'progress' or otherwise on such an issue , should they not ?
Thanks!
Sharon.
"The alterations to the Waste Management Acts I refer to removed decision making powers for my democratically elected local government representatives regarding the location of rubbish dumps and incinerators, and I strongly believe this represents a straightforward and blatant breach of Article 28A.1 of the Constitution of the Republic of Ireland: which very clearly states:
'The State recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities.' "
http://www.annmariekelly.org/LegalAidApplication/3Novem...4.htm
The resident's group say it now has no faith in an Bord Pleanala, in reference to a previous court ruling that the planning authority dealt with the landfill planning application in a "peculiar" and "incredible way".
The group is calling on local residents to write to the Minister for Environment regarding Bord Pleanala's "incompetent" handling of the case and to initiate an investigation. So far the Minister for Environment Green Party TD John Gormley has refused all contact from residents of Usk....
http://www.friendsoftheirishenvironment.net/paperstoday...11657
Just wondering if any progress has been made ?
Thanks!
Sharon.
Please don't dump on my future!
The Waste Management Act in current use is unconstitutional, and that's the real problem.
There is a remedy -- IN THEORY -- at http://www.citizensinformation.ie/categories/government...sions
However, in practice, and thanks to all the amazing corruption that's been running wild for years now, anybody who tries to use this remedy will be blocked by the legal profession.
How much worse can things get?
An Bord Pleanala and Greenstar seem to be steam rolling the Usk community to allow the Landfill to go ahead.
I thought Ireland was supposed to be implementing landfills as a last resort for waste management not allowing them to be a money making scheme for big businesses.
I have read about the Proposed National Heritage Area which borders the proposed site and am appalled that this location would ever be considered for such a damaging development.
The people of Ireland should get behind this small community and support their efforts for justice and a cleaner environment.
An Bord Pleanala have overturned the decision of their inspector AGAIN to grant permission to Greenstar for the dump.
It's an absolute disgrace and highlights the planning process in Ireland as a complete sham.
Why have an oral hearing?
Why have an inspector sit at the hearings and listen to the arguments when her decision means Nothing!
Who are the Board Puppets for?
Is there any justice in this corrupt country?
Hi Kate!
"Who are the Board Puppets for?"
Are they acting on behalf of the same monied elite that are apparently pulling the strings re the Tara desecration ?
The same elite that seem to have the authority to parcel-off a beach to assist big business interests ?
(http://www.indymedia.ie/article/88436?language=en&comme...33677)
Who will Chair the 'Usk Tribunal' ? - a colleague of that elite group , most likely .
Best of luck with this campaign.
Thanks!
Sharon.
'Fat Cats' to win again ?
This is a disgusting and disgracefull deceision. What has greenstar on these people??
Interesting to note the EPA had already rubber stamped this sham. So depressingly predictable!!
PS - How do that shower manage to retain crediblity with some people??
It seems to me the people of Usk badly need to have their case heard before a jury.
"For more than six hundred years --- that is, since Magna Carta, in 1215 --- there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such laws." (From http://www.lysanderspooner.org/TrialByJury.htm )
This is brilliant news for the community of Usk & kilcullen to continue the employment of the landfill staff & passing trade for the local shops etc
Hi Dessie!
Yes indeed , "great news" altogether!
Guaranteed jobs for the kids when (if?) they get a wee bit older and plenty of work for the medical profession looking after those kids .
The ESB , too , will benefit , as the "landfill staff" and the locals will have to boil their tap water and cool it down in the fridge before they drink it .
The "passing trade" will take one look at the place - and one sniff - and keep "passing" , so the shop-keepers in the surrounding area will be happy with this "great news" !
Winners all round, Dessie. "Brilliant" !
Thanks!
Sharon.
...Dessie hopes to keep his job with them.
For the benefit of the Gombeen who goes by the name Dessie: The Arthurstown Landfill near my native village has contributed nothing but bad smells and health problems.
PS - I take it that you spend alot of time with your head in wheelie bins given your fondness for rubbish of all kinds.
In response to Dessie, you've highlighted a very good point in your otherwise idiotic statement - the current overuse of Kildare as a dumping ground for Dublin and the rest of the country.
How many landfills for commercial gain should we accept in our County?
You think it's a fair trade off - environment / health / impact on livestock / water pollution /property prices for a few poxy jobs working in a dump? I don't think so!
If the resident's of Usk had fair treatment throughout the planning process for this facility they'd all be a lot better off. They have exhausted their finances trying to protect their community and the Kildare environment.
As usual the small communities of Ireland are being steam rolled in the planning process by the Giant Corporations with money and influence!
The Wikipedia article at http://en.wikipedia.org/wiki/Jury_nullification contains the following statement:
"Jury nullification may also occur in civil suits ..." -- and not just, as many seem to believe at the present time, in criminal cases only.
This now appears very important in relation to highly controversial environmental situations such as the location of "superdumps" at places like Usk (County Kildare) and Kilconnell (County Galway), the destruction of ancient heritage sites at places such as Tara and Turoe, the "Shell To Sea" controversy (County Mayo) and so on (for example) because, as is also stated at the above Wikipedia address:
"Jury nullification is a reminder that the right to trial by one's peers affords the public an opportunity to take a dissenting view about the justness of a statute or official practices."
Another and much more general -- though possibly extremely important -- observation regarding this issue by master-politician and lawyer Thomas Jefferson (from the same Wikipedia article), who was the principal author of the American Declaration of Independence and the Third President of the United States of America, reads as follows:
"I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution."
Related link: http://www.google.com/search?hl=en&q=Jury+Nullification...earch
We, the People of the Republic of Ireland, are now very badly in need of an arrangement something like the one outlined just below perhaps?
"The constitution preserves the right of a defendant to request a jury trial when damages (actual and punitive) exceed $20. That’s because in all but the most trivial of cases the people have wanted to have the right to be judged not by an elite federal justice but by a jury of their peers from their local community."
The above piece is from http://www.uncommondescent.com/legal/jury-nullification...ower/
this doesn't seem right
as sharon has said , questions will probably be asked down the line as to how this dump was allowed to proceed but the damage will have been done by then
what type of a cowboy state are we living in at all?
Hi Derek!
You're right , I think - "something rotten" is going on but , as with Shell and Tara , to name but two instances , it will proceed because some group , somewhere , has decided it is to their advantage (financially?) for it to proceed .
Common sense - never mind common decency - just doesn't register with those people.
Thanks!
Sharon.
hello sharon
you're right there - pure greed and ignorance on the part of the establishment who are already rich but will sacrifice other peoples well being to make themselves even richer
some day the truth will out
Hi again , Derek !
The truth will probably 'out' some day , Derek , but the damage will have been done by then. The only 'silver lining' might be that future generations should be able to examine the Usk mess and highlight it to the 'powers that be' as how not to proceed.
Small comfort.
"Following eight long years of campaigning, in excess of €300,000 of local people’s own money, a resounding high court victory and three oral hearings we are at a loss to understand how the board could entertain the thought of granting this application. We are at a loss on all levels to understand why An Bord Pleanála feels compelled to facilitate Greenstar Holdings in this application, which is totally inappropriate for this location and is not designed or intended to take any waste from Kildare, but to take waste from ‘all parts of Ireland’ to dump in Kildare... "
(http://www.kildare-nationalist.ie/news/story/?trs=cwqli...=news)
Thanks!
Sharon.
Sorry for taking so long to come back to the site and report that our second judicial review of An Bord Pleanala's decision to grant planning permission to Greenstar has been a complete success. Having appealed the decision on 10 grounds, we won on 9!
The decision of Judge John Mac Menamin is so comprehensive that there should surely now be an investigation into the activities of Mr John O Connor, in particular, and the other members of Bord Pleanala who went along with this sham. It should now be dead and buried and Kilsaran Concrete should start immediately to comply with the high court order of Judge Quirke to restore this site to agricultural use.
How does Mr O Connor and his team explain showing "objective bias" towards the citizens of South Kildare in this matter?
Surely this is totally at odds with the remit of the board! How many other cases have the board shown bisa against the citizens of the country in favour of large commercial organisations. Why would they expose themselves to this?
How will Mr O Connor now explain their behaviour to the government?
Surely this now merits an investigation by the government if not the Gardai.
How can they still retain their jobs? Have they no honour or are they still so arrogant as to think they can just carry on as they like and we will all just forget about this?
The distain, contempt and disrespect that we received from Bord Pleanala is nothing short of criminal.
Thank God we have finally been proven correct.
Well done to all the local people who kept faith, who put their hands in their pockets to the tune of almost €500K (after tax earnings), the local press, KFM and local politicians who supported and advised us along the way. Well done to our legal team, solicitors,Donal O Reilly Collins - especially john Collins - who took a chance on this from the start, waited patiently as we sold tickets to raise the money to pay him and Oisin Collins BL who gave us plenty of encouragment and a good few laughs aolng the way. If ever you need honest, thorough and determined legal representation, then you could not do better than these guys.
Thank you to the committee members past and present for their gritty determination, unselfish community spirit and total dedication to what is right to ensure that this disaster never comes to life. We might now be able to stop selling tickets! (I hate selling tickets!!)
The bad news is that we will all have to pay the price of Bord Pleanala's messing. How is Mr O Connor going to explain the waste of tax payers money to the tune of €3,000,000 + in costs that you and I will be left with. Will Ministerter Gormely ever ask them to go before the public accounts committee to explain this? He has never answered any of our correspondance on this whole saga up to now. What will get him to take action?
Any ideas?
It is wonderful to have got justice after so long.
We have been down the path of oral hearings, and judicial review and the financial costs of mounting a campaign for eight years. We have also received l4 reasons from a senior inspector why a toxic incinerator should not be built in Cork Harbour at the end of a penisula which forms a scenic landscape visible from all parts of the harbour. The site floods, Its boundary chain fence is on an eroding cliff, because of frequent atmospheric conditions -thermal inversions, the toxic emissions cannot be dispersed by its 85 meter high chimney.
All of this was ignored by ABP in the first planning application. The planning ran out because of delays in hearing our case in the high court, not our fault, but Indaver put in a second planning application under fast tracking which by passes Cork County Council, the very people who plan regional waste management. Indaver now want two incinerators with greater capacity in a falling market for their source supply.Do we now accept that a developer directs national and regional waste management plans!
We have just been through the recent oral hearing for these two incinerators and it took 5 weeks, with a three week postponement with brought it to 8 weeks, while information was sought that was not contained in Indaver's EIS. The costs in distress, fear for our health, concerns for the viability of our harbour as an amenity for our communities takes its toll, as you well know.
We too are trying to raise money to pay for our campaign. 30,000 people signed objections many years ago that should have been enough. We should not have to go to court for our constitutional rights.
We do share in your success and your good news, and would ask you to keep asking for answers to why you had to go through such a campaign for justice.
Indymedia Ireland is a media collective. We are independent volunteer citizen journalists producing and distributing the authentic voices of the people. Indymedia Ireland is an open news project where anyone can post their own news, comment, videos or photos about Ireland or related matters.