Upcoming Events

Kildare | Environment

no events match your query!

New Events

Kildare

no events posted in last week

Official Mistake Cost Public Chance to Object to Hill of Allen Quarry

category kildare | environment | news report author Dé Céadaoin Deireadh Fómhair 29, 2008 17:13author by Conor McHugh - Leinster Leader Report this post to the editors

Secret Documents Show That Two-Month KCC Delay Let Roadstone Escape Planning Permission Application

Roadstone has beeen given the go-ahead to quarry the Hill of Allen for the next 50 years without planning permission.

Secret documents obtained by the Hill of Allen Action Group and seen by the Leinster Leader reveal that a combination of cock-up and capitulation by Kildare County Council have consigned even more of the Hill of Allen to history.

A number of weeks ago, despite the objections of Roadstone and Kildare County Council, the Ombudsman and Information Commissioner Emily O'Reilly instructed the Council to hand over secret documents concerning the quarry. The documents reveal that when Kildare County Council instructed Roadstone to apply for planning permission more than a year ago, they were more than two months late in doing so.

This gave Roadstone an opportunity to challenge the Council and to escape planning permission which would have allowed members of the public to comment on and object to their plans.

Roadstone wrote to the Council instructing them to withdraw its demand that they apply for planning permission, and when that did not happen, they brought the matter to the High Court in a judicial review.

The judicial review was adjourned for a number of months until finally, the Hill of Allen Action Group applied to the High Court to become notice parties to the legal action, which would have given them access to court documents explaining why Roadstone had initiated the review.

On that day, Roadstone and Kildare County Council announced that they had come to an agreement to "Regulate the use of the land through the instrument of Section 47 of the Planning and Development Act, 2000".

And in a bizarre move, both of them attempted but failed, to recoup their legal costs from the Hill of Allen Action Group.

The agreement took 14 months to conclude, during which neither side would comment on why Roadstone wasn't applying for planning permission, as is required, under the Planning and Development Act of 2000, of all quarries over five hectares.

Prior to that, quarries which, like the Hill of Allen, started life before 1964 were exempt from planning permission.

The Group has told the Leinster Leader that they are both annoyed and disturbed at the lengths to which they had to go to get that information.

The released documents include the first five drafts of the agreement, dating from June 10, 2007 to August 1, 2007 and reveal that an attempt by Kildare County Council to put a 20 year limit on the lifespan of the quarry was rejected by Roadstone in favour of 50 years. The final document allows Roadstone to apply for more time if they haven't exhausted the quarry after 50 years.

The Council's request for 70,000 euros for the maintenance of surrounding roads was also rejected in favour of a 50,000-euro contribution.

The Hill of Allen Action Group, which opposes the continued destruction of Kildare's most important heritage site, has not been able to see documents relating to negotiations for the past year since August 1, 2007.

The Group has called on the Council to explain to the public how the agreement will satisfy EU legislation requiring Environment Impact Assessments and public participation in these assessments, and how it addresses the provisions of the Kildare County Development Plan that preserve the profile of the Hill and its surrounds.

The Group said, "this planning case has been characterised by an unusual, utter lack of transparency, which is all the more disturbing because there is high public interest in this case of a quarry that has, according to Kildare County Council, significant environmental effects, and which is destroying a site of high heritage value".

According to the Group, the process has been not only secretive, but also unfair. Its members are studying the papers and are considering their options. In the meantime, they call on the Council to provide a full, public account of the case.

Kildare County Council believes that the recently-concluded agreement will protect the Hill under planning law. "The terms of the agreement will result in better protection for the environment: Roadstone will be obliged to operate the quarry in a way that will limit noise and dust, and control traffic, blasting and other impacts while providing for the protection of archaeological and architectural heritage."

In relation to the mistake which saw Roadstone refuse to apply for planning permission, the Council claims they are not at fault. They decided not to contest the judicial review because "the law in this area is unclear, the outcome of a court case was unpredictable. On the other hand, the Section 47 option meant that the Hill would be protected.

"Section 261 of the planning act is open to interpretation: it is not a simple cut-and-dried matter," the Council's statement claimed. "The law is often precise and clear but not always so. The County Council believes that it used Section 261 correctly, and it has never been shown to be wrong in that regard."

And they say that defending the case would have been a gamble, which it was not prepared to do, adding that they took the "course of action that offered the best opportunity to protect the hill.

"In dealing with the Hill of Allen case, the Council chose, and would have preferred, the option of a planning application and environmental impact statement; but even this would not necessarily have secured what people wished.

"Every grant or refusal of planning permission can be appealed to An Bord Pleanála, and there was never a guarantee that making Roadstone submit a planning application would have protected the Hill of Allen any better than the Section 47 agreement."

In response to questions from the Leinster Leader, a spokesperson for Roadstone denied delaying the conclusion of the agreement, but refused to explain who or what had.

She also claimed that "the majority of quarries registered do not have to apply for planning permission."

The Leinster Leader has learned that this does not give a full picture. Only quarries which began life prior to 1964, and do not already have planning permission, have to register. The majority of quarries have planning permission.

"Roadstone has no difficulties in applying for planning permission, provided it is within the legal requirements," she claimed. And she refused to answer a specific question about Roadstone's refusal to pay 70,000 euros for the maintenance of roads in the area, noting that "Roadstone has not refused to make a contribution," and added that a substantial contribution would be made.

She also noted that "Section 261 was never intended to limit the working life of quarries and many operations have no time limit."

The company also denied that it has any intention of obliterating the landmark hill and point to their restoration of Aylmer's Folly in recent years.

Commenting on the revelations, Cllr. Fiona O'Loughlin, who has consistently raised the matter at Council level, said that the Council must "answer many serious questions about how they handled this.

"It is appalling that they let the statutory time elapse within which they had to respond thus giving rise to a court case which should never have been required."

She also wondered how much money was spent on legal fees connected with the case and described the development levy of 50,000 euros as "ridiculously low".

author by Coilínpublication date Luan Samh 03, 2008 17:47author address author phone Report this post to the editors

Seeing the Hill of Allen being chewed off the landscape by Roadstone is like biting into an apple and finding a maggot in it. Every time I pass.

The cultural heritage of Allen is evident in the ancient sagas of the Fiannaíocht, including the "Tóruigheacht Dhiarmada agus Ghráinne". This is the saga of the elopement of the Fianna warrior Diarmaid with Gráinne, the bride of his chieftain Fionn mac Cumhaill, and Fionn's vengeful pursuit of the couple.

Note the reference to Allen as "Almhuin leathan-mhóir Laighean" in the opening paragraph of the saga:
Lá dár éirigh Fionn mac Cúmhaill maidion mhoch a nAlmhuin leathan-mhóir Laighean, & do shuigh amuigh ar an bhfaighche gan ghiolla gan óglach iona fhochair, & do lean dias dá mhuintir é, .i. Oisín mac Finn & Diorraing mac Dobhuir Dhámhaigh í Bhaoisgne. Do labhair Oisín & as é do rádh:
' Créad é ádhbhar na moch-éirghe so ort, a Fhinn?' ar sé.

English translation:
One day Fionn mac Cumhaill rose at early morn in broad and great Allen in Leinster and sat outside on the lawy, having neither servant not attendant with him, and two of his people followed him, namely, Oisín son of Fionn and Diorraing, son of Dobhar Dámhach na Baoisgne. Oisín spoke and this is what he said:
'What is the cause of your early risihg, Fionn?' said he.

(Copyright 1967 by the Irish Texts Society.)

See also this entry in A Dictionary of Celtic Mythology:
Allen, Hill of
[cf. OIr. Almu; ModIr. Almhain, Almhaine (gen.), Almha, Almhuin, Allmhuinn; thought to be named after a daughter of a warrior in the Tuatha Dé Danann]. ...
A hill in Co. Kildare, 676 feet high, about 6 miles NE of Kildare town. The Hill is conventionally portrayed as the home or ‘palace’ of Fionn mac Cumhaill and his Fianna in the Fenian Cycle. Fionn won the residence by compelling his maternal grandfather, Tadg mac Nuadat, to surrender it. Nuadu Necht, an aspect of Nuadu Air getlám, had been an earlier resident of the Hill.
Although archaeological evidence does not indicate the presence of any castle or palace, the Hill is thought to occupy the site of a prehistoric tumulus.

http://www.encyclopedia.com/doc/1O70-AllenHillof.html

author by Kildare Manpublication date Luan Samh 03, 2008 20:51author address author phone Report this post to the editors

This should come as no suprise to anyone who is familiar with KCC approach to planning and the environment. Just ask the residents of Pollardstown Fen, Kill Village and the Usk Marshes how they were treated when the sought to bring the illegal activities of big business to the attention of these people. Indeed against this backdrop it is no suprise really that some of the most picturesque and environmentally sensitive areas in the county have been earmarked for landfills incinerators and massive pylon projects(which by the way have already defaced vast swaths of the county!!)

author by Lankoupublication date Luan Beal 11, 2015 14:13author address author phone Report this post to the editors

Anyone though of requesting information about this, since it is all or should be available for those who request it.

author by Finbar Neill banogman@yahoo.co.uk - Amazon bookspublication date Déar Noll 08, 2016 11:20author address author phone Report this post to the editors

Hi on google type (finbar neill on amazon) and all is revealed.

Scene: St Patrick’s Cathedral on Archbishop Brown

Snags, Street Poet
Says: The rob of St Patrick, dyed in a blue mix with Scotland’s colors!
And the red flag of Wales!

James
Says: “By their secret roads and glory to above?”

Mary Bourke and Mary Duffy
Says: “For that was a remarkable respectful achievement?”

The Buck
Says: The Union Jack flown over Dublin Castle for the first time in history
for the British Empire In 1803
Our Harp stagnant in flurry as a background to their Temple?

Alfie
Says: “No stones or rotten eggs ever thrown at that”

James
Says: “For that was a remarkable respectful achievement?”

The Buck
Says: “Tired and weary Flatesbury Knights on Arabian horses true!”
“Introduced a breed of racing horses into Ireland?”

Take Johnstown Co Kildare the Old Church

James
Outstretched arms in poetic fashion
Recites: Our plains stretched from Plamerstown to Johnstown
Our families Crusade colors draping high in St Patrick’s Cathedral
We brought back the unknown Crusading hero to Dublin in 1289

Alfie Says:
“Until Archbishop Brown had six Flatesbury brothers executed!”
“Their names desecrated to total dishonor?”

The Buck Says:
“For that was a horrifying and remarkable experience?”

James Says:
“Our family Crusading flags and colors!”
“Dumped onto the Great Fire!”
“Along with St Patrick’s Crosier?”

Alfie Says:
“Which he received from The Pope in Rome?”
“As Protector of the Roman Catholic Faith.”
Take in the Pub in Temple Bar

The Buck Says to James Flatesbury
“What say you dishonored one?”
“Of Dublin Temperance Society?”

James Says:
“My ancestor’s compiled the Statutes of Kilkenny in 1370”

The Buck Says:
“For that was a remarkable respectful achievement!”

Make way make way for Elizabeth’s Deputy,
and his victorious resistance at the forth of Kinsale

Scene Dublin Castle: Flatesbury and Shakespeare

The Buck opens the Meath Chronicle June 1878
Was Shakespeare a Meath man?

The Buck Recites:
Born on his fathers estate in Delvin in 1550,
Fostered by the writer of The Red Book, Earls of Kildare
Spoke and wrote Irish
Was home with his own as a native of The Pale

Snags, Street Poet
His right hand raised up to the Statue of Our Lady
Recites: In Dublin Castle Edward V was coroneted the pretender
That mad uncle of his before he became Richard III
Had his nephew Edward V locked up in the Tower of London?

James Flatesbury sword and shield
Says: Lambert Simnell Coroneted King of England in Dublin Castle
On returning to London Richard III removed his head?

Chorus by Alfie beckoning voice
Says: No brazened gold to honor Lambert Simnell
No Castle mint coinage bears his name
No proof he ever reigned as King.

Chorus by The Buck
shout "Dublin Castle repute Lambert Simnell a short blazoned reign
Good riddance to him Richard III proclaimed."

Chorus by James Flatesbury
Raised sword and shield, Shouts out:
Here! Here! Make it blazon proclaimed
Brazened in brass Flatesbury's name;

Chorus by Finn the bard and James the Crusader
Raised sword and shield, Shout:
What matter for the hillside grave
Cheers! Cheers! For Flatesbury's name.

Alfie Says:
“And Richard III had two sons of Edward IV murdered!”
“Requesting legality that they were both illegitimate!”

Fred Payne, taxi driver Says:
“Of that legal structure set out by Dublin Castle?”
“That Richard III hurt his brother so much?”

Snags, Street Poet
“When Flatesbury intruded on Richard III such delving claim?”

Chorus by James Flatesbury
Raised sword and shield, Shout:
To coat of arms a Lords son for knighthood
Heraldry descent for a heraldic device,

Chorus by Finn the bard
Raised sword and shield, Shout:
Such pomp to fill a ghostly cemetery
Scaring the hell out of the local enemy.

Chorus by James Flatesbury
Raised sword and shield, Shout:
No brazened gold to honor Edward V,
No Castle mint coinage bears his name;
No proof Edward V ever reigned as King.

Chorus by The Buck shouts out
Dublin Castle repute Edward V a short blazoned reign
Good riddance his wild uncle Richard III proclaimed.

Take the Records Tower Dublin Castle

James Flatesbury
Raised sword and shield, Shout :
On the personage diaries of Richard III secretly held in Dublin Castle,
There was a treasonable threat of death for subjects to study;

Snags, Street Poet Says:
On the law delving into the personage of kings of England Act,
The Flatesbury name is not contained?

James Flatesbury Says:
And the chronicles of Ireland for the Ninth Earl of Kildare
Dealt with the periods 1184-1370.

Chorus by James and Finn the bard
Raised sword and shield, Shout:
Here! Here! Make it blazon proclaimed
Brazened in brass Flatesbury's name,
What matter for the hillside grave
Cheers! Cheers! For Flatesbury's name.

James Flatesbury
Raised sword and shield, says:
Another Sire Flatesbury was author of The Red Book of Kildare,
Scribed it in 1517 for the Eight Earl of Kildare.

Snags, Street Poet says
“So what you’re saying is that was the Statutes of Kilkenny?”

Chorus by Mary Bourke and Mary Duffy Recites:
To coat of arms a Lords son for knighthood
Heraldry descent for a heraldic device,

Chorus by The Buck
Recites: Such pomp to fill a ghostly cemetery
Scaring the hell out of the local enemy.

Take outside the Bank of Ireland Dame St

James Flatesbury
Raised sword and shield, Shout
“Yes! Another great ancestor was son in law
“To Lord John deWogan 1312”
“The first great Legal Chief Justice for Ireland to frame!”

Fred Payne, taxi driver Says:
“So then how did Shakespeare write on Richard III?”
“Without himself being put to that test for treason?”

Chorus by Finn the bard
Raised sword and shield, Shout
“Here! Here! Make it blazon proclaimed!”
“Brazened in brass Flatesbury's name!”

Chorus by James Flatesbury
Raised sword and shield, Shout:
“What matter for the hillside grave!”
“Cheers! Cheers! For Flatesbury's name!”

James Flatesbury
Raised sword and shield, shout:
“My Ancestor James Flatesbury was a luring script scriber”
“Who reside close to Kilmainham!”

Snags, Street Poet
Says: Who delved into the Kings of England Act?
The Legal warning was still during his scribing era?

James Flatesbury
Says: The period 1585 to 1592 displaces Shakespeare,
For Shakespeare went missing?

Fred Payne, taxi driver
Says: “There is no record of Shakespeare
During that seven-year period?”

Chorus by Mary Bourke and Mary Duffy
Recites: To coat of arms a Lord's son for knighthood
Heraldry descent for a heraldic device,

Chorus by The Buck
Recites: Such pomp to fill a ghostly cemetery
Scaring the hell out of the local enemy.

Take in the records tower Dublin Castle

Fred Payne, taxi driver
Says: “Did Shakespeare come to Dublin?”

James Flatesbury
Takes up shield and draws his sword and Recites:
“Shakespeare’s creative works on Richard III,
Expose him in breach of Royal Legality;
Delving into the Personage of the Kings of England Act.”

Snags, Street Poet
Says: “Of which there could have been a Royal Commission,”
“When Shakespeare could have gone on trial for his publication?”

Fred Payne, taxi driver
Says: “But the real one in breach of The Kings of England Act”
“Is famed Flatesbury who exposed Richard III diaries?”

Mary Bourke and Mary Duffy, arms outstretched

The Buck Recites:
Cavanagh the great horsemen answerable to nobody,
But to the minter of coins Earl of Kildare.

Chorus by Finn the bard and James with drawn sword,
Shout: “Here! Here! Make it blazon proclaimed
Brazened in brass Flatesbury's name,”
What matter for the hillside grave
Cheers! Cheers! For Flatesbury's name.

Chorus by Alfie
Recites: No brazened cloak or flag to honor Flatesbury’s,
No Castle mint coinage bears this name;
No proof Flatesbury a Knight Crusader Family ever reigned.

Chorus by Snags, Street Poet, Fred Payne, taxi driver,
The Buck, James Flatesbury and Finn the bard
Mary Bourke and Mary Duffy
All recite: “To coat of arms a Lords son for knighthood
Heraldry descent for a heraldic device,”
“Such pomp to fill a ghostly cemetery
Scaring the hell out of the local enemy.”

Castle records tower: The Ballad of Flatesbury and Shakespeare

Snags, Street Poet Recites:
“A deeper poetic trial
The Flatesbury’s took into their custody!
They removed the file on Richard III in Dublin?”

Fred Payne, taxi driver
Says: “And the secret coronation of the crowned pretender”
“All that took place behind the walls of Dublin.”

Mary Bourke and Mary Duffy
Says: “For that the Flatesbury’s were charged with treason?”
“It would take this time to come to reason?”

The Buck cruel way
Says: “That growler of a yoke killed at Bosworth Field!”
“Lucky he wasn’t taken by Flatsbury’s of the Pale?”

Take on the Walls of Dublin Castle

Chorus by Finn the bard sword and shield, shouts out
“Order of The Wall Watch for Princes of Dublin
To protect diners of chivalry and steal away from Edward the fifth,”

Chorus by James, sword and shield, shout’s out
“The Castle spared no man foresight when their advantage grew
Advantage for Richard III who plotted later to Rule.”

James
With sword in scabbard resting on shield
Says: “Later Shakespeare gave warning on Kings Spies!”
“That he would take them all out on a staged trial?”

Snags, Street Poet
Recites: A topical report crept into James Flatesbury’s mind
For Irish Lords and Earls his conscientious report;

James
Recites: His quill to chart a page in time,
For whom the truth on Richard III he respectfully scolds.

Fred Payne, taxi driver
Recites: Richard III horse behind him down the gangway,
From across The Irish Sea

The Buck
Shouts out: A drifting half plank who became our wedged beam?

Chorus by James
Sword and shield shouts out
Recites: Order of The Wall Watch for Princes of Dublin
To protect diners of chivalry and steal away from Edward the fifth,

Chorus by Finn the bard
sword and shield shouts out Recites:
The Castle spared no man foresight when their advantage grew
Advantage for Richard III who plotted later to Rule.

Mary Bourke and Mary Duffy
Recites: Where Shakespeare learns of Richard the thirds stutter
His secrets exposed Dublin Castle script scholars;

Alfie
Recites: How Richard III schemed to murder Edward V
Humping right for the growler was a joke.

The Buck
Says: And Britain sent over to Ireland that stuttering squinting bad luck,
Who's kingdom for a horse he rode over his older brother’s two sons.

Fred Payne, taxi driver points the finger at The Buck
Says: “The folly of Art Macmurragh assistance sent hither your ancestor
Buck?”

The Buck
has Fred Payne, taxi driver by the collar Says:
“That you bargain for Fred Payne, taxi driver, place your bet here!”
“The Counter of our controversy?”
“Did not Malachy at Clontarf start this argument first?”

Finn the bard
returns sword to scabbard resting on shield, Says:
Cavanagh the great horsemen answerable to nobody
But to the minter of coins Earl of Kildare.

Chorus by James
draws his sword and takes up shield,
shouts out: Order of the Wall Watch for Princes of Dublin
To protect diners of chivalry and steal away from Edward the fifth;

Chorus by Finn the bard
draws his sword and takes up shield,
shouts: The castle spared no man foresight when their advantage grew
Advantage for Richard III who plotted later to rule.

Fred Payne, taxi driver
points the finger at The Buck
Says: “The biggest painting of an Art Gallery!”
“On a great national sin!”

The Buck
ignores turns away has an answer
Says: “That Anglo Irish painting on an aged old Irish invasion?”
Mary Bourke and Mary Duffy
Says: Who backed Richard III only Dublin Castle,
That drifting half plank that became our wedged beam.

Alfie
“In his stature bent swag to his lime ship mates!”
“From across The Irish Sea!”

Take outside St Catrin's Thomas St

Chorus by James draws his sword and takes up shield,
shouts Order of the Wall Watch for Princes of Dublin
To protect diners of chivalry and steal away from Edward the fifth;

Chorus by Finn the bard `drawn sword and shield
shouts The castle spared no man foresight when their advantage grew
Advantage for Richard III who plotted later to rule.

Take in St Marys Chapel Dublin Castle

Snags, Street Poet
Says: Dublin Castle gates opened the secret of Saint Mary’s Church,
For the crown of the Mother removed;
And used after the death of Edward the forth.

Alfie
Says: Richard III on horseback laughing like a raving gauntlet steed,
While at Ringsend Misery Hill salmon poachers swung from a beam.

Fred Payne, taxi driver mocking
Says: Who backed him only Dublin Castle,
When that drifting half plank became our wedged beam.

Chorus by James draws his sword and takes up shield,
shouts Order of the Wall Watch for Princes of Dublin
To protect diners of chivalry and steal away from Edward the fifth,

Chorus by Finn the bard draws his sword and takes up shield,
shouts The Castle spared no man foresight when their advantage grew
Advantage for Richard III who plotted later to Rule.

Hope you like

Finbar Neill author

 
© 2001-2018 Independent Media Centre Ireland. Mura bhforáileann an t-údar a mhalairt, tá gach uile inneachar saor chun athúsáid, athchló agus athchraolú neamhthráchtála a bhaint as, ar an idirlín agus in aon áit eile. Is le rannpháirtithe na tuairimí atá ar an suíomh seo agus ní gá go ndroimscríobhann Comharchumann Saormheán na hÉireann iad. Independent Media Centre Ireland. Séanadh | Príobháideacht