An Bord Pleanala to decide on tara/M3 next week

meath | history and heritage | news report Friday August 17, 2007 01:59 by TaraWatch info at tarawatch dot org

TaraWatch has learned that An Bord Pleanala will decide the fate of the Lismullin next week

The National Roads Authority (NRA) has submitted a copy of the Directions given by Minister Dick Roche, for
the excavation and demolition of the national monument at Lismullin, to An Bord Pleanala.

Originally, the Bord required said a decision would be reached by December, but stated today that they expect a decision next week.

The Directions for the excavation and demolition of Lismullin, which were made by Minister Roche on 12 June 2007.
[Read directions at http://tarawatch.org/?page_id=413]

The Directions were submitted to the Bord on 9 July 2007, as is required by Section 14B of the National Monuments Act 2004,
http://193.178.1.79/2004/en/act/pub/0022/sec0005.html#sec5

An Bord Pleanala is currently deciding if the current excavation and demolition is a material change to the M3 scheme approved by the Bord in September 2003.

(#EN3001)<

Meath County Council

Ministerial Directions on National Monument at Lismullen, County Meath
- M3 Clonee to North of Kells Motorway Scheme.

Case reference: 17 EN3001

Case type: Changes to Road Developments

Applicant: National Roads Authority (Road Authority)

EIS required: No

Parties

Status: Case is due to be decided by 12-11-2007

History

* 09/07/2007: Lodged

http://64.233.183.104/search?q=cache:MOP3qby2810J:www.p...gl=us

The Bord have the power decide whether the demolition is a material change to the M3 scheme, and have the power to order that a new
Environmental Impact Statement be prepared.

The European Commission has already sent a Reasoned Opinion to the Irish Government, informing them that the demolition is in breach of EU law, because there should be a new Environmental Impact Assessment. However, Minister Gormley will not release a copy of it, even though he has the right to. The EU claim they cannot.

Excavation and controlled demolition of the Lismullin amphitheatre began on 7 August 2007.

TaraWatch is calling on the Minister to immediately place a Temporary Preservation Order on the national monument until the Bord has reached a decision. Allowing the demolition to proceed is preempting the decision of the Bord.

While some delicate features of the site should be recorded, before they are eroded by the elements, the main features of the amphitheatre itself should not be interfered with in any way, until there has been a final determination by the Bord, and an opportunity to judically review the Bord's decision.

In any event, the Bord's decision may be meaningless, because the EU has stated that the procdedures under the Act are in breach of EU law.

But the good news is that the Bord may say demolition is a material change to the project that will have a significant effect on the environment, and that there needs to be a new EIS, with public submissions and a new oral hearing. If they don't, it's another legal can of worms for them...

Stay tuned...