Archived press release

Europe to take legal action on sewage

10 January 2005

The European Commission has informed Friends of the Earth [1] of its intention to take formal legal action against Northern Ireland. The case focuses on the Department of the Environment's failure to control development in areas where the sewage infrastructure falls below European standards [2].

In a letter to the environment group the Commission states that it has sent a Reasoned Opinion [3] to the UK Government raising the issue of development in Portrush, Newtownabbey, Bangor, Londonderry and Larne. If Environment Minister, Angela Smith MP, does not comply with the law within two months, it seems certain that the case will be referred to the European Court of Justice [4]. This could result in huge fines against the Northern Ireland administration.

Friends of the Earth's Northern Ireland Director, John Woods, said,

"There is only one way forward for the Minister unless she wants to wind up in the dock of the European Court. She must immediately announce a full review of her current policy of allowing uncontrolled development - what has effectively been a pollution free-for-all. While that review is being carried out she must introduce a moratorium on planning consents in all the areas affected. It is unlikely that anything less will satisfy the European Commission."

This move by Europe follows an official complaint to the Commission from Friends of the Earth made earlier this year [5]. It also comes hot on the heels of a Legal Opinion by a leading barrister published last month [6] by Friends of the Earth which stated that the DOE was acting unlawfully in allowing development to take place in 56 sewage 'hotspots' [7] across Northern Ireland.

John Woods continued,

"Friends of the Earth's Legal Opinion was a stark warning to DOE to clean up its act. Now Europe has produced its own Opinion and taken the final step before Court action, we hope we are witnessing the final scene in a two year battle to persuade the DOE to put the environment before the profits of the construction industry."

Although five areas were mentioned in the Commission's letter to Friends of the Earth, it is thought that the Reasoned Opinion will actually apply to most of the 56 sewage hotspots and a large number of other areas due to fall within the scope of the Urban Waste Water Treatment Directive at the end of 2005. Among the places most likely to be immediately affected are: Antrim, Ardglass, Armagh, Ballyclare, Ballygowan, Ballywalter, Bangor, Groomsport, Carrickfergus, Carrowdore, Castlerock, Castlewellan, Cookstown, Donaghadee, Derry/Londonderry, Loughries, Moneyreagh, Newtownabbey, Omagh, Portadown, Portaferry, Portrush, Portstewart, Raholp, Stewartstown and Tandragee

The policy of allowing housing development despite inadequate sewage facilities dates back to October 2002 when the then Environment Minister, Dermot Nesbitt MLA, instructed Environment and Heritage Service (part of DOE) not to object to planning applications on grounds of lack of sewage infrastructure [8]. Direct rule Minister, Angela Smith MP, has continued the policy despite several warnings from Friends of the Earth that she is acting illegally [9]

The issue took on a fresh twist last week when it emerged that the Planning Appeals Commission (PAC) had reopened at least four appeals in the light of Friends of the Earth's legal opinion [10]. It is likely that the move by the European Commission will result in the PAC taking a tough line on appeals in sewage hotspots and other areas due to fall within the scope of the Urban Waste Water Treatment Directive.

Notes

[1] (back) Letter from Javier Ruiz-Thomas, DG Environment, European Commission to Friends of the Earth (Northern Ireland) dated 20 Dec 2004.

[2] (back) Urban Waste Water Treatment Directive.

[3] (back) A Reasoned Opinion is the final stage in an "infringement" procedure by the European Commission before commencing formal legal action against a Member State. The Opinion requires the Member State to comply with Community Law within a specified period (normally two months).

[4] (back) The next stage in the "infringement" process is a reference to the European Court of Justice.

[5] (back) www.foe.co.uk/resource/evidence/uwwt_complaint.pdf (PDF)

[6] (back) www.foe.co.uk/northern_ireland/press_releases/2004/planning_policy_unlawful.html

[7] (back) The complete list of 56 'hotspots' was published by DOE in October 2002. Copies are available from Friends of the Earth.

[8] (back) Speech to the Northern Ireland Assembly on 7 October 2002 by the then Environment Minister, Dermot Nesbitt MLA.

[9] (back) www.foe.co.uk/northern_ireland/press_releases/2003/smith_in_the_sewage.html

[10] (back) Letter from Planning Appeals Commission to objector to development in Cloughey, Co Down dated 14 December 2004.

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Friends of the Earth Northern Ireland
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Published by Friends of the Earth Trust