Dunboyne Combined Residents Association
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Environment
"Getting and spending we lay waste our powers. Little we see in nature that is ours." (Shakespeare)
Entries are made under date beginning with the most recent. Subjects and issues are entered in alphabetical order.
Environment-Enforcement 28.10.03
Flooding: Meath Green Party 12.12.02
The Office of Environmental Enforcement (OEE)?
Those who flout environmental law and cause environmental pollution as a result
of their actions must, as a matter of course, be held to account.
Turning this principle into reality is an overriding goal of the OEE.
The OEE is a new Office within the EPA dedicated to the implementation and enforcement
of environmental legislation in Ireland. Its establishment:
o gives a necessary extra focus to enforcement of licences issued by EPA for
waste, industrial and other activities, by bringing together, for the first
time in a single Office, all the major enforcement activities of the EPA;
o gives greater attention and priority to supervising the environmental performance
of local authorities;
o links with the granting of significant additional enforcement powers to the
EPA to underpin a strong and effective OEE.
The OEE has a mandate to deliver enhanced enforcement in two ways. It is directly
responsible for the enforcement of EPA licences issued to waste, industrial
and other activities .
It also exercises a supervisory role in respect of the environmental protection
activities of local authorities, through auditing their performance, providing
advice and guidance, and, in appropriate cases, giving binding directions.
In this regard, the OEE acts as a resource to members of the public who have exhausted all other avenues of complaint.
12.12.02 Flooding: Meath Green Party
· The Meath Green Party urges that Meath County Council
include 'liable to flooding'notices on the Meath County Development Plan maps
following the extensive flooding experienced in Dunboyne and Clonee. Meath Green
Party Chairperson, Fergal O'Byrne, stated that bad planning
made the flooding worse.
·Development plans should take more account of flooding.
· Housing estates which have recently received planning permission, but have yet to be constructed should be identified by a compulsory site notice showing it's status with regard to the liability to flood. This will inform prospective purchasers about the risk involved when considering the purchase of a new house. At very least, Meath Development Plans should incorporate this very basic but vital information.
· The Meath Green Party are now calling on the Minister for the Environment and Meath County Council to ensure that 'liable to flooding' notices are included on all development maps.
· Mr. O'Byrne said that the flood disasters of recent years were not 'acts of god' but 'acts of man'. There are three main issues associated with flooding in Ireland - bad planning, corrupt planning and climate change.
· Climate change means that flood problems are due to get worse. Ireland is likely to experience more extreme rainfall conditions in the future and that will only exacerbate matters so it is vital that we plan ahead.
Fergal O'Byrne (Chairman)
The statement by the County Manager, Mr.Tom Dowling, (as
reported in the Irish Times last week) that the flooding in Dunboyne was not
because of building or development on flood plains but was due to "an incredible
amount of rain falling over a period of a few hours" is simply not true.
This incorrect statement is not supported by any evidence and is rejected by
the Dunboyne residents who seek redress from those directly responsible for
the damage to their homes,
In contrast, it is readily demonstrated that a radical change
has occurred in the performance of the Tolka, during periods of exceptionally
heavy rain, between 1954, when no extensive developments in the catchment area
and the destruction of flood plains had taken place, and the present day.
The two following reports contain the facts of the recent
event:-
· Mac Cartaigh, M. Flooding in the Tolka Catchment 15 November 2002 Environmental
Protection Agency
· Sheridan, T. Some information on the precipitation event around 14th
November 2002. Irish Meteorological Services.
In the recent storm of 2002 some 80mm of rain fell in a 32
hour period. Over a catchment area of 138 sq. kilometres this is equivalent
to an average downpour of some 96 cubic metres per second. The estimated peak
flow in the river at Glasnevin was 98 cubic metres per second, indicating a
runoff of around 100%.
In contrast, in the storm of 1954 some 63.5 mm of rain fell
in a period of 17 hours. Over a catchment area of 138 sq. kilometres this is
equivalent to 151cubic metres per second (54% higher than in the recent storm).
However, the estimated peak flow in the river was only 85 cubic metres per second
(12% lower than in the recent storm), giving a corresponding lower runoff of
only 56%.
The massive increase in the runoff between 1954 and the present time cannot
be attributed to the rainfall. It therefore follows that the extensive building
in the catchment area together with the destruction of the flood planes must
be largely responsible for the radically altered behaviour of the river and
the damage to quality of life and property of residents caused by resulting
flooding.
The Irish Meteorological Services report states that these
storms are not dramatically exceptional, so that bearing in mind what is to
be expected in a global warming scenario, one cannot exclude the possibility
of even more sever storms in the foreseeable future. Indeed, one can only describe
as horrendous the havoc that would have been caused had the 54% higher rainfall
of 1954 storm occurred under present conditions instead of the actual one. Those
responsible for providing the 'Environmental Protection' that is our right under
the Maastricht Treaty cannot longer afford to continue their present policy
of leisurely inactivity
Building and development include a whole variety of structures
such as bridges, dams, tunnels, roads, culverts, housing estates and so forth.
In this instance, the N3 and the culvert at Clonee, through which the Tolka
flows, is of particular interest to residents of Clonee and Dunboyne. The estimate
peak flow at Clonee during the recent storm can easily be deduced to have been
of the order of 50 cubic metres per second. There is clear evidence on site
that the culvert is not designed for a flow of this magnitude and certainly
could not cope with the much greater downpour of 1954 under present conditions
where a peak flow of some 75 cubic metres per second could be expected. In which
case the N3 would simply act as a dam across the river downstream of two villages
of Dunboyne and Clonee with disastrous consequences.
Therefore to say that the flooding did not happen because of building and development on flood plains but was due to an incredible amount of rain is not correct.
We may not be able to do anything about the weather but we can certainly do something about flood prevention and flood defences.
Meath County Council
Ill-advised and irresponsible planning has had a major part to play in the flooding.
Building on flood plains and natural drainage areas has aggravated the problem.
The Larchfield development which was built on a flood plain despite objections and advice from the community, has contributed in a major way to the flooding of Beechdale.
DCRA has failed to find any mention of the flooding risk issue in Dunboyne in the records of Meath County Council meetings leading to the preparation of the County Development Plan 2001.
Repeated submissions were made by DCRA to Meath County Council towards the preparation of the Meath County Development Plan 2001, that drew attention to the flood risk in the area, and advised that land for further developments should not be rezoned. Meath County Council however ignored this and rezoned land for the development of approximately 2,500 dwellings. This was irresponsible.
Because bad planning is a major contributor to the current flooding situation in Dunboyne it follows that the County Council must accept a degree of responsibility for compensation to those whose property has been damaged.
National Need
People whose homes and livelihoods have been ruined by flooding obviously need
compensation, and it is advisable that the State be involved to ensure that
insurance coverage will be available and that insurance premiums are to be kept
within reach. If this is not posible then the State should directly provide
this service.
The establishment of a national body with statutory responsibility for flood management to reverse the trend of casual and inadequate regard to citizens' environment is now urgent and necessary.
To develop over the coming years strategic plans for all river catchments. These plans are fundamental to the long term upgrading of flood defences to take account of local conditions, existing risks and defences, and the impact of changes in sea level, climate and rainfall.
All who purchase property should in future have available a map indicating the degree of flood risk and that such should have legal import.
Developers
Consideration must be given as to how the costs of flood prevention and protection
may be shared by developers.
The onus must be placed on developers to provide detailed assessment of flood risk.
Developers building in flood risk areas must bear the cost of flood protection measures.
If flood defences are not put in place by developers and subsequent flooding occurs then the developer must be held responsible.
If developers comply with flood prevention requirements which prove inadeqate the liability should fall on the approving authority.
Future Initiatives
Recent floods have raised concerns that further or inappropriate development
in the floodplain will lead to more extensive flooding.
Surveys to clarify whether remedial work is required and where defences in areas of risk do not provide the level of safety residents are entitled to.
It is essential that people whose properties could be affected by flooding are aware of the dangers, that they know what to do in an emergency, and that they know who is responsible for defence measures.
All of the bodies and agencies involved in flood defence work must be joined up to ensure that the complicated arrangements and sharing of responsibility is co-ordinated
Flood defence structures which include sluices, weirs, barriers, locks, outfall culverts and pumping stations should be considered for immediate installation. Linear barriers such walls, barriers and embankments between the river and defended areas are also urgently required.
Forecasting, warning, immediate protection response and flood risk information are essential elements of risk management both for Meath County Council and needed by residents as of right.
Meath County Council must now take fully into account environmental issues and changes which can occur in flood risk areas as a result of new developments.
We ask for a copy of MCC report on Dunboyne flooding two years
ago, the decisions taken then and initiatives undertaken to implement that report
with a view to reducing flooding risk..
Meath County Council must decide the methods they will employ in future to warn
Dunboyne Residents of imminent flooding.
The response of Meath County Council to flooding emergencies has been inadequate, unsatisfactory and unacceptable. A thorough review is required.
DCRA, which has the maintenance and development of the environment as a primary objective and with representation of the majority of the Dunboyne community, must in future be taken into partnership and consulted on and informed of matters pertaining to flood management risk in our area.
Rights and Responsibilities
What has been experienced by residents affected by the floods
in Dunboyne is an infringement of their rights.
· In respect of their person and families amounting to a traumatic psychological
impact on their wellbeing.
· In respect of their wealth and property serious erosion and damage.
· Thirdly there has been damage to their environment. They have a right
to live in an environment that is not threatening, an environment that does
not militate against the quality of their lives.
As fundamental as the rights of its citizens are the responsibilities
of the State in ensuring those rights
· National and Local Government has the responsibility for the wellbeing
of citizens. That responsibility is underpinned by our Constitution (Article
40.3.2 & Article 45.4.2), the European Convention on Human Rights (Article
8.1), and the International Treaties (e.g the Kyoto Agreement) signed on our
behalf by the State.
· Dunboyne is an instance where the State has failed its citizens.
· Not only has the State failed in this instance, it has in fact contributed
proactively to that failure.
Consequently there are two major obligations on the State:
· To repair all damage done and immediately to undertake work to ensure
this flooding will nor happen again.
· To negotiate with residents with a view to compensating them fully
for what has happened because in no way was it their fault.
Conclusion
DCRA has recently responded to two Integrated Area Action Plans issued by Meath
County Council
where flooding issues were inadequately addressed and the matter not given due
regard.
It was a travesty of democracy that the Local County Councillors despite all the evidence and against the the massive recorded objections of the vast majority of the Dunboyne community voted excessive rezoning of lands in Dunboyne and adjacent to it contrary to the Strategic Planning Guidelines for the Greater Dublin Area.
The flooding in Dunboyne now, and again two years ago, has raised serious concerns that further or inappropriate developments in Dunboyne will lead to more frequent and extensive flooding. DCRA therefore must assert in the strongest terms possible that the proposed developments on the recently rezoned lands in Dunboyne, as per MCC Development plan 2001, especially those east of the railway line and in Dunboyne Castle Grounds must not be approved.
The Fingal and Meath County Councils' joint survey report must now be delivered before the New Year and substantive work must begin in the Spring 2003.
If you would like to put your ideas or comments on our "Soapbox" - Click here
08.11.02: Litter Free Dunboyne
Meath County Council has declared war on litter. They have produced an excellent leaflet entitled "Litter Law". DCRA supports War on Litter. DCRA wants a litter free Dunboyne.
· What is litter? Anything small or large, which is,
or is likely to become unsightly.
· On-The-Spot-Fines of 125 Euro are now issued.
· Conviction in Court could lead to a maximum fine of 1905 Euro plus
legal expenses.
· Approximately 5,000 written complaints about litter are made to Bord
Failte by visitors to this country each year.
· Your Place: An outdoor area on your property that is visible from a
public place must be kept free of litter.
· Placing advertising leaflets on car windscreens is illegal.
· Dog Fouling: Dog owners must remove their pet's waste from public places
and dispose of it.
· Make a personal commitment: Don't Litter.
· Make a Community commitment: Report Littering: Meath LitterLine: 1890
228 466. Email: info@meathcoco.ie
· Support Dunboyne Tidy Towns
· Meath County Council Environment Awareness Office: 046 902 1581.
The Environment Protection Agency report that water contamination is posing a public health risk, that the country is facing a landfill waste crisis and agricultural pollution. There is increased traffic congestion with journey times for commuters dramatically increased especially in Dublin where they have doubled. Over 30% of rivers are still polluted. Environment Minister Martin Cullen TD said people had buried their heads in the sand on environmental issues for too long. He said he was committed to making tough decisions.
Trees In Danger in the Castle Woods
Mature trees around Dunboyne play an essential role in giving the village and immediate environment its distinctive character. The amenity provided by the trees has become all the more important by giving essential relief from the extensive development in recent years.
DCRA recently made a survey embracing all the important trees within one kilometre
of the village centre. A report based on the survey and containing a request
that all these trees should be protected by preservation orders, formed part
of DCRA's submission to Meath County Council in respect of the Development Plan
2001.
The trees of particular concern at present are those that form a strip of woodland
some 20 metres wide all along the eastern and northern bounding boundaries of
the Castle Estate. This estate was recently rezoned for development, contrary
to the clearly expressed wishes of the vast majority of Dunboyne residents.
A few weeks ago, it was discovered that all the mature trees in this area (some
200 in total) have been fixed with numbered metal tags. We have been told by
Meath County Council that the trees have been surveyed to form part of a planning
application.
The Rooske Road runs along the eastern boundary of the Castle estate and it
appears from the Development Plan maps that the trees in the adjacent strip
are in fact preserved. One can therefore deduce that this must be interfering
with the desired development, more than likely by restricting access from the
Rooske Road.
It is worth mentioning that some 13 of the mature trees in the strip bordering
the Rooske Road were cut down some six years age without the necessary felling
licences and therefore in clear breach of the Forestry Act 1946. We were unable
to prevent the destruction of these trees at the time, despite vigorous protests
to the both the Council authorities and the Garda Siochana. It transpired afterwards
that none of the officers concerned were sufficiently versed in the law to take
the required action.
"Prudence must be shown in the management of all living species and natural resources, in accordance with the precepts of sustainable development…. The current unsustainable patterns of production and consumption must be changed in the interest of our future welfare and that of our descendants.
We must spare no effort to free all of humanity, and above all our children and grandchildren, from the threat of living on a planet irredeemably spoilt by human activities, and whose resources would no longer be sufficient for their needs." United Nations Millennium Declaration ·
The concept of sustainable development is meant to reflect the inextricable connection between environment and development. Sustainable development must simultaneously serve economic, social and environmental objectives." (United Nations)
For further information contact the International Institute for Sustainable Development
Department Of The Environment and Local Government.
Ireland's Failure on Environment
Ireland is the fourth worst environmental polluter in the European Union and the worst per-capita polluter, according to official EU figures released under the Freedom of Information Act. The documents show that Ireland received 111 complaints from the European Commission over environmental infringements, accounting for 10% of all such complaints. The complaints relate to the environment, hazardous waste and waste management plans, while the EC has also criticised Ireland's failure to implement a 10-year-old nitrates directive. (From Irish Times 23.01.02)