Shell Undertake Unauthorised Construction At Rossport: Letter of Complaint to Mayo County Council

mayo | environment | news report Thursday May 05, 2005 18:06 by various via an imcer

letter of Complaint to Mayo CoCo re. illegal development

Development From Garden of Letter Author

Monica Muller
Rossport South
Ballina
County Mayo

Mayo County Council
Planning enforcement
Castlebar
Co Mayo

Re; Largest unauthorised construction in Ireland. At Rossport South Ballina Co. Mayo

Thursday, 05 May 2005

Dear Sir,

This development is part of the proposal to place a upstream Gas Gipeline between Glengad and the Gas Refinery at Ballinaboy Bridge.

The Gas Pipeline was subject to EIA.

Nowhere in the EIA documentation avialable to the public was there any mention of this development.

The developer will claim that the developemnt is an exempt development.

It is not exempt from EIA.

Even if it was an exempt development under the Planning and Development Regulations 2001 it is de exempted by the following:
Restrictions on exemption in the following regulation:

S.I. No. 600/2001: PLANNING AND DEVELOPMENT REGULATIONS, 2001

9. (1) Development to which article 6 relates shall not be exempted development for the purposes of the Act—
(a) if the carrying out of such development would—
(i) contravene a condition attached to a
permission under the Act or be inconsistent with any use specified in a permission under the Act.
(ii) consist of or comprise the formation, laying
out or material widening of a means of access to a public road the surfaced carriageway of which exceeds 4 metres in width,
(iii) endanger public safety by reason of traffic hazard or obstruction of road users,
(iv) except in the case of a porch to which class 7 specified in column 1 of Part 1 of Schedule 2 applies and which complies with the conditions and limitations specified in column 2 of the said Part 1 opposite the mention of that class in the said column 1, comprise the construction, erection, extension or renewal of a building on any street so as to bring forward the building, or any part of the building, beyond the front wall of the building on either side thereof or beyond a line determined as the building line in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan,
(v) consist of or comprise the carrying out under a public road of works other than a connection to a wired broadcast relay service, sewer, water main, gas main or electricity supply line or cable,or any works to which class 25, 26 or 31 (a) specified in column 1 of Part 1 of Schedule 2 applies,
(vi) interfere with the character of a landscape, or a view or prospect of special amenity value or special interest, the preservation of which is an objective of a development plan for the area in which the development is proposed or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan.

The relevant part is highlighted in BOLD

And this development is also de-exempted by:

CLASS 25
The carrying out—

(a) pursuant to and in accordance with a consent given by the Minister for Public Enterprise under section 8 of the Gas Act, 1976(No. 30 of 1976), by the Irish Gas Board of development consisting of the construction of underground pipelines for the transmission of gas (but not the construction or erection of any apparatus, equipment or other thing ancillary to such a pipeline save cathodic protection equipment and marker posts),

(b) pursuant to and in accordance with an order made by the Minister for Public Enterprise under section 2 of the Gas (Amendment) Act, 1987(No. 9 of 1987), by the Irish Gas Board of development consisting of the laying underground of mains, pipes, cables or other apparatus,

(c) in accordance with any requirements of the Minister for Public Enterprise or the Marine and Natural Resources, as the case may be under section 40 of the Gas Act, 1976, of development consisting of the construction of an underground pipeline for the transmission of gas (but not the construction or erection of any apparatus, equipment or other thing ancillary to such a pipeline save cathodic protection equipment and marker posts).

Relevant part highlighted in BOLD.

This gas pipeline consent was given under section 40 of the Gas Act, 1976, therefore there is no exempt development related to this project other than (but not the construction or erection of any apparatus, equipment or other thing ancillary to such a pipeline save cathodic protection equipment and marker posts),

The only thing that is exempt development is the gas pipeline and the cathodic protection equipment and marker posts, all other works are unauthorised.

Stripping of land has taken place (which can bee seen in the photo taken from my garden) which is outside the lands designated for this development in the EIS.

It is important to remember that the water adjacent to this development is designated an SPA and is part of the Natura 2000 site no 500 Glemamoy Bog Complex. There has been substantial run off of organic matter into the water.


MONICA MULLER
ROSSPORT SOUTH
BALLINA
CO. MAYO

Please reply to monicamuller [at] eircom [dot] net