Case status: Findings adopted on 26.07.2021 – Non-compliance found.
Follow-up: On-going; see Decision VII/8s.
Topics: Access to environmental information; Public participation; Access to justice.
Articles alleged: 1; 3 (2), 3 (8); 4; 6 (2), 6 (3); 9 (2), 9 (3), 9 (4).
Articles considered by the Committee: 3 (2); 5 (1); 6 (1) (b), 6 (4), 6 (6); 9 (2), 9 (4).
Articles, if any, found in non-compliance: 3 (2); 6, 6 (4), 6 (6); 9 (2), 9 (4).
Summary: On 4 June 2013, the non-governmental organization River Faughan Anglers Ltd. submitted a communication to the Compliance Committee alleging the failure of the United Kingdom of Great Britain and Northern Ireland to comply with articles 1, 3 (2) and (8), 4, 6 (2) and (3) and 9 (2)–(4) of the Convention regarding a concrete production plant and associated settlement lagoons at a site adjacent to the River Faughan Special Area of Conservation.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Determination on admissibility | 27.09.2013 | |
|
Communication |
From the communicant | 04.06.2013 |
|
Additional information |
From the communicant | 30.08.2013 |
| Letter to the Party concerned forwarding the communication | From the secretariat | 16.12.2013 |
| Letter to the communicant | From the secretariat | 16.12.2013 |
| Letter | From the communicant | 22.02.2014 |
|
Annex 1: Judgement of the High Court Annex 2: Cost Order |
From the communicant | 21.09.2014 |
| From the communicant | 12.12.2014 | |
| Letter to Party concerned forwarding communication for Party concerned's response | From the secretariat | 29.06.2015 |
|
Annex 1 : Judgment in River Faughan Anglers Annex 2 : Correspondence on costs Annex 3 : Summary of correspondence Annex 4 : Summary of correspondence Annex 5 : Copies of correspondence Annex 6 : Planning order Annex 7: Planning portal information |
From the Party concerned | 27.11.2015 |
| Comments on the Party concerned's response | From the communicant | 09.12.2015 |
| Email Annex 1:Response to request for information from Department of the Environment Annex 2: Appeal to Department of the Environment against the failure to provide information on request |
From the communicant | 08.03.2016 |
| Letter to the communicant with questions from the Committee | From the secretariat | 27.09.2016 |
| Email to the communicant | From the secretariat | 25.11.2016 |
| From the communicant | 28.11.2016 | |
| Letter | From the Party concerned | 02.12.2016 |
|
Email replying to Party concerned's letter Annex: Letter of Northern Ireland Environment Agency, 02.12.2016 |
From the communicant | 06.12.2016 (updated on 28.11.2017) |
|
Reply to questions from the Committee Annex 1: Photograph TAB RFA1 |
From the communicant | 16.02.2017 |
| Email enclosing letter of communicant's counsel, dated 11 February 2017 | From the communicant | 23.03.2017 |
| Letters inviting the Party concerned and communicant to the hearing at Committee's 59th meeting | From the secretariat | 04.11.2017 |
|
Annex 1: Letter of Department of the Environment, 12.12.2014 Annex 2: Visual representation of lagoon overlap Annex 3a: Testimony of judicial review claimant Mr. William Donnelly Annex 3b: Testimony of judicial review claimant Ms. Christine Gibson Annex 3c: Testimony of judicial review claimant Save our Sperrins (SOS) Annex 3d: Testimony of judicial review claimant Mr. Chris Murphy Annex 3e: Testimony of judicial review claimant Rostrevor Action Respecting the Environment (RAR) Annex 3f: Testimony of judicial review claimant Friends of the Earth Annex 3g: Timeline of application for judicial review claim concerning Woodburn Forest Annex 4: Letter from the Northern Ireland Environmental Agency, 16.01.2017 Annex 5a: Photographs of lagoon collapse (no. 1-2) Annex 5b: Photograph of lagoon collapse (no. 3) Annex 5c: Photograph of lagoon collapse (no. 4) Annex 5d: Photograph of lagoon collapse (no. 5) |
From the communicant | 28.11.2017 (dated 26.11.2017, updated 08.12.2017) |
| Update prior to the hearing enclosing letter from the Chief Planner's Office, 29.11.2017 | From the Party concerned | 30.11.2017 |
| Letter to the communicant and the Party concerned regarding the scope of the hearing at the Committee's 59th meeting | From the secretariat | 05.12.2017 |
| Email with correction of previously submitted document | From the communicant | 06.12.2017 |
| Opening statement for the hearing at the Committee's 59th meeting | From the communicant | 12.12.2017 |
| Opening statement for the hearing at the Committee's 59th meeting | From the Party concerned | 12.12.2017 |
| Closing statement for the hearing at the Committee's 59th meeting | From the communicant | 14.12.2017 |
| Questions from the Committee to the communicant and the Party concerned | From the secretariat | 16.01.2018 |
| Request for an extension of the time to reply to the questions | From the Party concerned | 02.02.2018 |
| Reply to request from extension by the Chair of the Committee | From the secretariat | 08.02.2018 |
| Reply to questions from the Committee | From the communicant | 25.02.2018 |
| Reply to questions from the Committee | From the Party concerned | 01.03.2018 |
|
Cover letter enclosing comments on the reply to questions from the Party concerned Annex 1: RFA TAB1 - Planning Appeals Decision on a clay pigeon shoot Annex 2: RFA TAB2 - Aardagh Glass legal ruling Annex 3: RFA TAB3 - Statement of Case by Department to Planning Appeals Commission Annex 4: RFA TAB4 - Letter from Department advising it did not intend to take enforcement action Annex 5: RFA TAB5 - Letter from local Council advising it had never granted a site licence for landfilling up to 2003 Annex 6: RFA TAB5 - Letter from NIEA advising it had never granted a site licence for landfilling after 2003 Annex 7: RFA TAB6 - Mr. Blackwood's affidavit Annex 8: RFA TAB6 - Mr. Blackwood's 2nd affidavit Annex 9: RFA TAB7 - unredacted EIA screening decision to show it was signed by planning officers' signatures Annex 10: FA TAB8 - selection of letters regarding EIA screening decisions |
From the communicant | 06.03.2018 |
|
Annexes to the Party concerned's reply to questions of 1 March 2018: Annex A: Chronology Annex B: Affidavit by Mr. Keith Finegan Annex C: Affidavit of Mr. Malachy McCarron Annex D: Affidavit of Mr. Adrian Brown Annex E: Judgement in Treacy J, 13 March 2014 Annex F: Note of Counsel's closing remarks Annex G: Newspaper advertisements Annex H: Sample advertisements for the district council area |
From the Party concerned | 12.03.2018 |
| Comments on the communicant's reply to questions | From the Party concerned | 12.03.2018 |
| Comments on the annexes to the Party concerned's reply to questions | From the communicant | 13.03.2018 |
| Update Annex 1: Negative EIA Determination regarding application no. A/2011/0115/F Annex 2: Letter from Derry City and Strabane District Council of 5 April 2019 |
From the communicant | 07.04.2019 |
| Request to communicant for documents | From the secretariat | 07.06.2021 |
| Email enclosing drawing no. 07 Rev 3 annexed to the development consent of 31.09.2012 (original and annotated versions) | From the communicant | 08.06.2021 |
| Email enclosing Annexes 15 and 19 of the affidavit of Mr. Adrian Brown dated 26 March 2013 | From the communicant | 08.06.2021 |
| Email enclosing drawings no. 01, 02 Rev 5, and 03 annexed to the development consent dated 13 September 2012 | From the communicant | 08.06.2021 |
| Email enclosing drawings no. 04 and 05 annexed to the development consent dated 13 September 2012 | From the communicant | 08.06.2021 |
| Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 14.06.2021 |
| Comments on the Committee’s draft findings | From the Party concerned | 23.07.2021 |
| Comments on the Committee’s draft findings | From the communicant | 23.07.2021 |
| Findings ENG FRE RUS | 26.07.2021 |
