Archived press release

Government in court over sewage pollution

27 February 2006

Environmentalists today took Government to court over the policy that results in tonnes of raw and poorly treated sewage being dumped in Northern Ireland's seas, rivers and lakes [1]. Friends of the Earth took a Judicial Review of the policy of allowing new housing developments to connect to the public sewer where sewage treatment is inadequate or non-existent. Such areas are known as sewage 'hotspots' [2].

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

"This is a clear cut case. The European Commission has already told Government its actions are unlawful. It beggars belief that the Ministers for Regional Development and the Environment, and their senior Civil Servants, should waste time and public money in defending the indefensible."

Friends of the Earth says it is not seeking to halt all development and suggests that developers be required to install small sewage works, or package plants, as part of new housing developments. Such plants could be removed, and the housing connected to the mains, when the sewage infrastructure is brought up to legal standards. Interestingly, some developers have already proposed installing package plants [3].

The Judicial Review is the culmination of a prolonged campaign to persuade the two Government Departments to review their policy of allowing development in the 57 sewage 'hotspots' across Northern Ireland. The legal action is directed against Water Service [4] but the policy originally emanates from a decision by Assembly Ministers in October 2002.

John Woods continued,

"These are curious times when developers are more willing to take measures to protect the environment than Government is prepared to contemplate. This court case should ensure this patently untenable situation will not be sustained for much longer."

Friends of the Earth's case was presented in court by John Larkin QC and David Scoffield BL.

Notes

[1] (back) Examples of the environmental damage being caused and cited in Friends of the Earth's submission to the Court include: Raw sewage from Bangor's 60,000 residents is discharged straight into Belfast Lough; Omagh sewage works is grossly overloaded and was responsible for a major pollution incident in the river Strule that killed hundreds of salmon; and Lough Neagh is the most polluted large lake on the island of Ireland. Whilst this is largely due to agriculture, it is exacerbated by poorly treated sewage from towns such as Antrim, Armagh, Ballyclare, Cookstown, Portadown and Tandragee.

[2] (back) The complete list of 57 'hotspots' was published by DOE in October 2002. The 57 are: Annahilt; Annalong; Antrim; Ardglass; Armagh; Ballycastle; Ballyclare; Ballygowan; Ballyhalbert; Ballymena; Ballymoney; Ballystrudder; Ballywalter; Banbridge; Bangor and Groomsport; Bessbrook; Carrickfergus; Carrowdore; Castlederg; Castlerock; Castlewellan; Cloughy; Coleraine; Cookstown; Crossgar; Culmore; Donaghadee; Dunloy; Fivemiletown; Glenavy; Greyabbey; Irvinestown; Kircubbin; Larne and Ballygalley; Lisbarnett; Loughries; Millisle; Moneyreagh; Newry; Newtownabbey; Newtownards and Comber; Omagh; Portadown; Portaferry; Portavogie; Portrush; Portstewart; Raholp; Rathfriland; Ravarnet; Stewartstown; Strabane; Strangford; Tandragee; Tullaghgarley; Whitehead and Whiterock.

[3] (back) At recent planning appeal hearings, developers offered to install package plants. The Planning Appeals Commission has also expressed serious concerns about the legality of current policy and has imposed conditions requiring the installation of discrete sewage plants for a number of new developments.

[4] (back) Applications for connections to the sewage system are made to Water Service who have a broad discretion whether or not to grant new connections. Friends of the Earth wrote to Water Service on 18 May 2005 asking for an assurance that Water Service would not allow further connections to be made where to do so would increase the non-compliance with European law and would increase environmental harm. Water Service replied on 13 June 2005 refusing to give any such assurance.

Friends of the Earth Northern Ireland
7 Donegall Street Place
BELFAST
BT1 2FN
Tel: 028 9023 3488
Fax: 028 9024 7556
Email: foe-ni@foe.co.uk.

Published by Friends of the Earth Trust