No further works are to be carried out at the site of a fish factory on Co Donegal's Fanad Peninsula following an undertaking from the company's managing director to the High Court yesterday.
Mr Jan Feenstra, managing director of Bradan (Maol Rua) Teoranta, of Rinmore/Cooladerry, Rinmore Point, Fanad, said his company would not carry out any further works at the site unless planning permission, or an extension of planning permission which expired on June 18th last, was obtained.
He gave the undertaking following proceedings taken by Mr Tony Lowes, a farmer and member of An Taisce, of Allihies, Co Cork. Mr Lowes had obtained an interim injunction late on Friday to prevent the company carrying out works at the site.
Mr Justice Budd, having heard submissions from both sides, found in favour of Mr Lowes but indicated that, rather than grant an injunction, he would be prepared to accept an undertaking not to carry out works in the absence of planning permission.
In an affidavit Mr Lowes, who became chairman of An Taisce's Natural Environment Group in 1995, said that Donegal County Council had granted planning permission for the fish factory on November 14th, 1992. The per mission was appealed to An Bord Pleanala by Donegal Clean Water Association and others. An Taisce, as an observer, was represented at the oral hearing.
On June 18th, 1993, An Bord Pleanala had granted planning permission. Since then the site had been assessed in relation to its importance for nature conservation.
The planning permission issued on June 18th, 1993, had expired on June 18th, 1998. However, deliveries of cement had continued, as had work with a rock-breaker. He believed further works were being carried out.
Mr Lowes said he had been advised by Donegal County Council that an application had been made to extend the life of the permission. The site was one of the most sensitive in Ireland by virtue of its unique ecosystem.
In an affidavit Mr Feenstra said various conditions had been imposed on the developers by An Bord Pleanala. In 1996 Udaras na Gaeltachta had backed the project in the interest of providing much needed employment in north Donegal and had entered an agreement with the company to provide funding for the project which employed 145 people.
In July 1997 a complaint by Bird Watch Ireland and An Taisce regarding the development was made to the EC which forwarded it to the company. An environmental impact statement was completed on October 28th, 1997, and it transpired that the area was incorrectly included in an area of special conservation. The cost of the proposed development would be about £2.5 million. On April 3rd, 1998, a letter seeking a formal extension of time to allow for satisfactory conclusion of the development was sought. A period of 12 months' extension was sought. The county council sought further information. A detailed application was forwarded on May 22nd last, but no decision on it had been made.
Mr Feenstra said the company had been proceeding to develop the site until June 18th. It was very anxious to continue to develop as there were strict time constraints and the company could experience major loss. The loss and damage could total £1.5 million.
Giving judgment, Mr Justice Budd said there seemed to be a strong collision of interests and priorities, and the sorting out of it was very much a matter for the planning authority.