An Bord Pleanala to decide on Tara/M3 next
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,
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.
directions at http://tarawatch.org/?page_id=413]
Directions were submitted to the Bord on 9 July 2007, as is required by
Section 14B of the National Monuments Act 2004,
Bord Pleanala is currently deciding if the current excavation and
demolition is a material change to the M3 scheme approved by the Bord in
Ministerial Directions on National Monument at Lismullen,
- M3 Clonee to North of Kells Motorway Scheme.
reference: 17 EN3001
Case type: Changes to Road
Applicant: National Roads Authority (Road
EIS required: No
Status: Case is
due to be decided by 12-11-2007
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
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
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.
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
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...