Legal Explosions in Clare.
The massive AZF chemical plant explosion in Toulouse, France
last week, which killed at least 18 people and injured 653
others, will have been particularly noted by the residents of
Kildysart, Co. Clare, where Paddy Whelan is planning to build an
explosives factory. Objectors have previously pointed out the
dangers of locating such a plant in a populated area and the
French tragedy will further strengthen the resolve of locals who
are currently engaged in legal battles on a variety of fronts.
Whelan's scheme for a factory, which has also drawn objections
from the Irish Airline Pilots Association, has caused ructions
locally and matters have not been helped by the level of secrecy
surrounding the planning application. After his Shannon
Explosives Ltd. (SEL) applied to Clare Co. Council for its
"assent to establish a factory" as required under the
1875 Explosives Act, (see The Phoenix 25/5/01.) the solicitors
were called in. This assent process is completely separate to the
planning application, which saw permission granted for the £5
million plant on December 22 last, (and since appealed). As
required by the Act, the Council called a three day hearing, but
the locals objected to the fact that they had so little
information, given that most of the facts relating to the scheme
have been deemed top secret by the Department of Justice's
Inspector of Explosives. As a result, there was no information
available concerning the chemicals to be used, exact purpose of
the buildings, etc.
With no access to records, the objectors succeeded in having the
assent hearing adjourned until the High Court rules on the
application for the release of various documents. Two separate
High Court actions have been initiated, by a local residents
group, Cairde Chill an Díseart Teo, and by the Salesian Sisters,
a religious order in Kildysart. The hapless nuns have recently
closed down a secondary level school adjacent to the proposed
explosives factory, and are seeking to offload the site. Not
surprisingly, the SEL project and associated exclusion zone has
knocked the property value back significantly.
Despite these legal actions, which are set for hearing next
month, SEL sued the County Council, which in turn agreed to
proceed with the assent hearing this month. The hearing was
advertised, much to the shock of objectors, who immediately
returned to the Courts and obtained yet another injunction
preventing the Council from holding the hearing until the High
Court cases are themselves heard in October. It is unclear why
Clare County Council adopted this strategy and in doing so landed
itself with yet more legal bills. There could be plenty more to
come, with Cairde Chill an Díseart Teo. Suing both the Minister
for Justice and Clare Co. Council, while the Salesian Sisters are
suing SEL and Clare Co. Council.
Source: The Phoenix, Sept 28Th. 2001.