Objection to Barnmore Waste Permit

Barnmore waste have applied for a renewal of the waste permit for their waste transfer and sorting facility in Baldoyle Industrial Estate.  This facility has no planning permission and should never have been given a permit.  An Bord Pleanála has also ruled against the company.  My letter of objection is below.
A chairde,

I refer to the application by Barnmore Ltd. for a waste permit for 21A Baldoyle Industrial Estate, received by the Council on 6th July 2007.

I object to this application on the following grounds

1.    The works and the use on site including the use for which a waste permit is being sought are unauthorised development and being carried out in contravention of the Planning and Development Act, 2000.  This has been confirmed by means of a Section 5 reference by a local resident in relation to the use on site.  (Ref 5/40/2006).  

Enforcement proceedings have been taken by the Council against works carried out on site, specifically the erection of a screen wall of shipping containers. (report to Malahide /Howth Area Committee, 18th May 2006)  

As a matter of policy and in the interests of coherent and effective regulation, Fingal County Council should not grant waste permits for facilities which do not have planning permission.  Some local authorities, e.g. Kildare County Council already operate this as a definite principle.  If this permit were to be granted it would amount to one Department of the Council undermining the work of another Department.

2.    The County Development Plan, which the Council as a whole is bound to implement zones the area with an objective  “to facilitate opportunities for science and technology based employment” and “to formulate and implement a strategy for the densification and an environmental improvement scheme for Baldoyle Industrial Estate”.   The obligation to comply with the Development Plan falls on the entire Council and not just the Planning Department.  An Bord Pleanála has ruled that the use of a nearby site in the Industrial Estate by the same company for the same purpose  

“would conflict with those objectives and would be contrary to the proper planning and sustainable development of the area.”  

(Ref F05A/0935)

3.    The operation of this facility to date has caused severe nuisance to local residents and neighbouring businesses, in the form of noise, dust and litter.  I know that details of this nuisance have been submitted in other objections to this application.

This is not in any sense an appropriate location for a waste transfer and handling facility.  An Bord Pleanála ruled in relation to the application at no 24 that :

“Having regard to the nature and scale of the proposed development and its proximate location to residential and recreational land uses, it is considered that the proposed development, both in itself and in conjunction with an associated similar development in the immediate vicinity would seriously injure the amenities of property in the vicinity, the amenities of the area and would be prejudicial to public health.”  

4.     The application is incomplete and therefore invalid in that it does not refer to the planning application for no 24 referenced above, nor even to Reg. Ref. F06A/0066 an application for this site itself.  Reg Ref. f06A/0066 was deemed withdrawn in September 2006 when no response was received to an Additional Information request.

In the interest of proper operation of regulatory consent and enforcement systems in Fingal, it is essential that this application be refused.  Refusal is also vital to the Council’s Development Plan objectives for the Baldoyle Industrial Estate.  Most of all, refusal of this permit application is essential for the health and well-being of local residents.

Is mise, le meas,

David Healy

Councillor David Healy
Green Party/Comhaontas Glas
Howth ward / Dublin North East
 
www.davidhealy.com
01 8324087
54, Páirc Éabhóra, Beann Éadair
54, Evora Park, Howth