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CAMPAIGN
The Hill of Allen Action Group is a voluntary heritage
group concerned with protecting the Hill of Allen, which
is profoundly threatened by quarrying by Roadstone Dublin
Ltd.
Formed in March 2007, the aims of the group are:
- To preserve the remainder of the Hill from further
destruction;
- To raise public awareness of the cultural, historical,
archaeological and heritage value of the hill;
- To bring pressure to bear on Kildare County Council
to ensure that they rigorously enforces all relevant
legislation thoroughly, properly and completely in
relation to Roadstone's quarrying of the hill, namely
section 261 of the Planning and Development Act, 2000.
- To elicit from Roadstone a detailed, proper and
public restoration plan, as they are required to produce
under section 261, and in accordance with the best
practice guidelines of the Irish Concrete Federation,
of which they are a member;
- To get access to the Hill opened to the public (the
only current entrance is blocked by boulders and no
more than one car can park there at any time);
- To have an open, independent archaeological survey
carried out on the Hill, to establish the rumoured
existence of cist graves, burial tombs, tumulus and
raths.
What's the Point?
Roadstone may own most of the Hill of Allen and Kildare
County Council may be the authority entrusted with regulating
its use, but the stories, myths and legends belong to
us all. This generation is entrusted with passing on
its heritage to the next. If Roadstone are permitted
to raze the Hill of Allen, then not only have we failed
to protect our heritage, we have failed in our responsibility
to future generations.
What Can I Do?
Lots. Do something. If the sight of what Roadstone has
done to the Hill makes you sick, fills you with anger
or even with shame, do something.
Join our campaign.
Sign up to our email list for updates.
Press your local councillors and keep pressing them
until you get some answers about what the Council is
doing.
Ask your local TDs where they stand on this issue and
what they will do to protect the Hill.
Support our fundraising gigs. The Hill of Allen Action
Group is a small group and we are up against a huge,
powerful multinational. We need your support.
Get a car sticker and spread the word!
Tell your children the stories, make sure they're kept
alive and passed onto the next generation.
Write letters to the editors of newspapers, both local
and national.
Go up the Hill, take your friends, take your family
and share this wonderful natural resource with everyone
you know. Once you've walked up the path through the
forest and taken in the breathtaking view from the summit,
you'll know why it's worth preserving.
Don't do nothing - and don't say there's nothing to
be done. As long as someone, somewhere is committed
to the Hill, there is something to be done. But do something.
The New Legislation
The Planning and Development Act 2000 was the first
to contain a section pertaining to the development of
quarries. Its section 261, enacted in 2004, says that
all quarries must register with their local planning
authority (county council). The registration file for
the Allen quarry is available to the public from the
planning department of Kildare County Council. It is
file number QY28, and it's a very interesting read.
One of the things that most fascinated us was the letter
that sparked a judicial review.
The Letter
Roadstone registered the quarry with Kildare County
Council in 2005. After requesting and receiving additional
information from Roadstone, in March 2006 Kildare County
Council wrote a letter to Roadstone informing them they
had to seek planning permission and submit an Environmental
Impact Statement for the quarry for three reasons: because
it was established before 1964 and so had never gotten
planning permission, because of its size (more than
5 hectares), and because of concerns about the environmental
impact of its works.
Now when ordinary citizens or even regular companies
are told they have to apply for planning permission,
they apply! Like death and taxes, planning cannot be
sidestepped by anyone, and they get in whole lot of
trouble if they try.
Roadstone? They sought a judicial review.
The Judicial Review
What do tribunals and judicial reviews have in common?
They go on forever, they go nowhere very slowly, are
endlessly adjourned and make lawyers very rich. The
Judicial Review has been ongoing since Roadstone received
The Letter in March 2006. Now, what the Judicial Review
was actually about, we cannot specifically say -- because,
despite our best efforts to find out, we were unable
to get access to the full planning file. The Council's
Planning Department refused to make public all its correspondence
with Roadstone. To get it, as a last resort we got our
own legal team and applied to join the Judicial Review
as a Notice Party. Colm Mac Eochaidh, the foremost planning
barrister in the country, represented us. Roadstone
and Kildare County Council were not happy. They tried
to stop us joining. Our intention was to access the
papers, find out what the judicial review was all about,
and publicise it as far as we could.
But no. Rather than let us see the papers, the judicial
review, after endless delays and adjournments and so
on, was wrapped up - on the day we were due to join!
Agreement had been reached! Now isn't that a coincidence?
The Agreement
The judicial review is over. Agreement has been reached
between the Council and Roadstone, but the details are
still to be worked out. Does Roadstone have to apply
for planning permission? Are Kildare County Council
going to rigorously enforce the legislation they are
duty-bound - and legally bound -- to enforce; the law
that applies to all, citizen and corporation alike?
A spokesperson for the County Council has explained
that an agreement has been reached to regulate the quarry
under section 47 of the Planning and Development Act
2000. So we read that. More interesting reading. (Whoever
would have thought that planning could be so fascinating?
But it is!)
Section 47 simply says that a planning authority can
make an agreement to regulate use of land. The government
discourages the use of this section, and it seems that
it is only ever used to restrict rural housing, usually
to limit land in Gaeltacht areas to Irish speakers.
Now the last time we looked, Kildare was inside the
Pale. But the Council thinks it's appropriate to use
this controversial law to negotiate whatever kind of
agreement they want.
Oh good. Someone's in charge of things at last. Kildare
County Council will want to preserve such a famous landmark,
surely? And will they now force Roadstone to apply for
planning permission, like they are supposed to?
"Further information will be forthcoming,"
intoned the Council spokesperson. And we'll let you
know what it is, as soon as we have it . . . .
A final question for the council: if everything is above
board, proper and legal, if everything is being done
as it should be, why won't the Council let the people
know what's going on
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