The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org1
The Consultation ‘Problem’
"I would like to have the power of the Mayor [of Shanghai] . . . I would just like that we can get through the consultation problem as quick as possible". (An Taoiseach, Bertie Ahern, 20th Jan 2005, China)
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org2
Overview CHASE’s aims and concerns The planning process
CHASE’s participation The principal participants and how they
engaged in the process What we have learnt
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org3
About CHASE Cork Harbour Alliance
for a Safe Environment Alliance of community
groups
CHASE’s Aims Prevent toxic waste
incineration in Cork Harbour
Promote awareness of alternative solutions
Increase national/local knowledge about mass incineration
Actively promote non-burn solutions
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org4
Why is CHASE concerned? International guidelines
(WHO) indicate site is unsuitable
Health studies suggest that incinerator emissions are harmful to health
International/national policies view incineration as a last resort, to be used only when all other options have been exhausted
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org5
Why have a planning system?
“To provide, in the interests of the common good, for proper planning and
sustainable development”(The Planning and Development Act 2000)
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org6
Planning process – community participation County Development
Plan
Cork Waste Management Plan
Cork Area Strategic Plan
National Spatial Strategy
30,000 objections to application Councillors refuse to materially
contravene CDP Cork County Council refuse
planning permission Applicant appeals to An Bord
Pleanála CHASE and over 20 other parties
lodge counter appeal to uphold refusal
Three-week long oral hearing takes place
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org7
Planning process – the participants
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org8
The Participants – the applicant Provided inadequate information
‘EIS is inadequate and fails to comply with mandatory requirements’ (ABP Inspector’s Report)
Unaware of WHO Guidelines for Site Selection (ABP Inspector’s Report)
Did not carry out flora/fauna study for operation of plant, as legally required (ABP Inspector’s Report and EPA Oral Hearing)
Did not carry out risk assessment on human health (Dr. Anthony Staines, EPA Oral Hearing)
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org9
The Participants – the applicantCritique of the ‘Impact on Human Beings’
“This section of the EIS seems to me to be deficient. I would not regard this as an adequate or a useful contribution to an assessment of the human health impacts of the development proposed here. There is no description of the process used to produce it, but I do not see any obvious indication that any formal process for human health assessment was used.”
(Dr. Anthony Staines, Co-author Health Research Bureau Report 2003, at EPA Oral Hearing 2005)
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org10
The Participants – Cork County Council Cork County Countil refused
planning permission
Failed to inform public of Seveso II nature of site
Ignored dangers posed to Maritime College ‘In the case of a pool fire
… heat radiation would be sufficient to cause 2nd degree burns after 40 secs exposure [at College]’
‘Vapour cloud explosion could result in windows being broken at College’
(quotes from applicant’s consultants)
Incinerator site on right; Maritime College entrance on left
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org11
The Participants – HSADid not know: That application was
for a hazardous waste incinerator
What chemicals were to be burnt or stored on site
That fires ignite frequently at Hammond lane facility
That a gas pipe line runs through site
Were not aware of the WHO Guidelines on Site Selection
Relied solely on information provided by the applicant
Sought no additional information from any other source
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org12
The Participants – HSADid not consider:
That 14000 people on Great Island have only one escape route over a narrow hump-backed bridge
That a fire would block off the escape route from the Naval Base and Maritime College
Incinerator fire, Argentina, Nov. 2004
Belvelly Bridge, Great Island
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org13
The Participants – An Bord Pleanála Three-week Oral Hearing, presided over by
a Senior Planning Inspector of ABP FOURTEEN planning reasons given for
refusing permission Could not guarantee that would not pose a risk
to public safety Failed on 13 out of 14 of the WHO guidelines for
site selection Site subject to flooding, erosion, and thermal
inversions
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org14
The Participants – An Bord Pleanála
Inspector set no conditions for planning permission
Indicated that the Board had only 2 options open to it: To reject first party appeal To invite further submissions/information
from applicant Board rejected both options and
granted permission
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org15
The Participants – An Bord Pleanála It is a principle of Irish law that the state’s
institutions: Cannot act arbitrarily Must act reasonably and in the interest of
fairness and justice Did the Board have reasonable grounds for
rejecting their Inspector’s considered recommendations? Or was their decision against the principles of good planning and the democratic process?
ABP decision now subject of a judicial review
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org16
The Participants – EPA Three undeniable truths emerged
from EPA Oral Hearing Operation of plant will release harmful
pollutants Extent of harm to people’s health should
be assessed before granting license This assessment has not and will not be
carried out
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org17
The Community – what we have learnt
The local communities, represented by CHASE, have a unique perspective
Other participants are limited to specific areas of competency
Competent authorities failed to consult with each other to ensure that all areas of concern were fully investigated
Health, in particular, has fallen between the cracks, with no authority acknowledging responsibility
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org18
The Community – what we have learnt
CCC ABP HSA EPA SHB
Who’s responsible for our health?
Of all participants in planning and licensing processes, only CHASE consulted and presented evidence from medical experts!
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org19
The Consultation ‘Problem’Local communities: Willingly participate in policy development
(CDP, CWMP, NWMP) Fully accept National policies Have unique perspective as main stakeholders Object to National Policy (democratically
determined) being ignored, underfunded unimplemented, cherry-picked from, and overridden by Government (party) policy
This is what leads to the ‘consultation process’ becoming a ‘consultation problem’
The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environment
www.chaseireland.org20
The Consultation ‘Problem’
“Public trust, whether it is placed in the regulators, in compliance with the regulations
or in the information provided, will be fundamental in achieving even a modicum of
consensus for any future developments in waste policy in Ireland”
HRB Report 2003