EIS - Newspaper and site notices - Environmental Protection Agency

t: 1890 130 007e: info@oes.iew: oes.ie31 st July 2013County SecretaryWestmeath County CouncilCounty BuildingsMullingarCo. WestmeathOur Ref: 1182_06 Westland HorticultureYour Ref: n/aRe: P0914-01 Westland Horticulture Ltd.Dear County SecretaryPlease find enclosed the following with respect to IPPC license applicationRef. No. P0914-01:1. Environmental Impact Statement.2. Copy of legal submission from Arthur Cox Solicitors to the EPA on behalfof Westland Horticulture Ltd.For inspection purposes only.Consent of copyright owner required for any other use.If you require any further clarification on the above then please do nothesitate to contact the undersigned.Yours Sincerely,for OES Consulting_____________Siobhan MaherCC: Mark Hamill, Westland Horticulture Ltd.FBD HouseFels PointTraleeKerryBuilding 1000City GateMahonCorkUnit 10 DSouthern LinkBusiness ParkNaasCo. KildareScotia Technology Ltd t/a OES Consulting Registered Office: FBD House, Fels Point, Tralee, Ireland Registered No: 376360Hugh Friel Chairman Peadar O’Loughlin Managing Director Brona Tennyson Director Hilary Fitzgerald Associate DirectorEPA Export 01-08-2013:23:39:20

Earlsfort Centre, Earlsfort Terrace, Dublin 2,Ireland I tel: +353 (o)r 6r8 oooo I fax: +353 (o)r 6r8o6r8 I dx: 27 dublin I email: dublin@arthurcox.comARTHU R COXOur Reference: DS/M2L!WE071 /003/"WITHOUT PREJUDICE"31 July2013Ms Sonja SmithOffice of Climate, Licensing & Resource UseEnvironmental Protection AgencylniscarraCo. CorkRe:Dear SirsIntegrated Pollution Prevention and Control ("IPPC") Licence Application,Reg. P0914-0 1Our Client and Proposed Licensee: Westland Horticulture LimitedThis legal submission is to accompany the submission of an Environmental Impact Statement ("EIS")in relation to the above IPPC licence application on behalf of our Client by OES Consulting.This legal submission is made without prejudice to ongoing Judicial Review proceedings instituted byour Client against An Bord Pleamila, arising out of An Bord Pleanala's determination on a section 5referral to it from Westmeath County Council (the "High Court Proceedings") (Record No. 2013/424JR). Our Client asserts in those proceedings that An Bord Pleanala erred in deciding that peatextraction and related activities on its boglands, the subject of the current IPPC licence application,comprised development and were not exempted development. One of our Client's grounds in that caseis that its activities on the site continue to comprise exempted development. Further, no planningpermission or Environmental Impact Assessment ("EIA") is required, on the basis that the site (whichis the subject matter of the IPPC Licence application) does not comprise any new or extended area or30 hectares of more.For inspection purposes only.Consent of copyright owner required for any other use.In the course of its consideration of our Client's IPPC licence application, the EnvironmentalProtection Agency (the "Agency") issued an " EIA Screening Decision" on I 0 January 2013,determining that an EIA is required to be carried out by the Agency. The sole reason given for thisdetermination was that the activity the subject of our Client's licence application fell within aEuge ne McCague. Donogh Crowley, JohnS Walsh, Michael ~leghen, William johnston. Nicholas G Moore, Declan Hayes, David O'Donohoe, Colm Duggan, Carl O'Sullivan, Isabel Foley, john Meade,Conor lvtcDonnell. Patrick t\lcGovem, Grainne Hennessy, Seamus Given, Colin Byrne, Caroline Devlin, Ciar.in Bolger, Gregory Glynn, David Foley. Stephen Hegart y. Declan Drislane, Sarah Cunniff,Kathleen Garren, P.idraig 6 Riordciin, Elizabeth Bothwell, \Villiam Day, Andrew Lenny, John Menton, Patrick O'Brien, Orla O'Connor, Brian O'Gorrnan. Mark Saunders, lvtark Barr, John Matson,Deborah Spence, Kevin Murphy, Cormac Kissane, Raymond Hurley, Kevin Langford. Eve Mulconry, Philip Smith, Kenneth Egan, Bryan J Strahan. Co nor Hurley, Alex ~tclean, Glenn Bull, Niav O'Higgins,Fintan Clancy, Rob Corbet, Rachel Farrell, Siobh.in Hayes, Pearse Ryan. Uhan Shannon. Dr Thomas B Courtney, Orla Keane, Aaron Boyle, Rachel Husse}'. Colin Kavanagh, Kevin Lynch, Garrett Monaghan,Geoff ~loore, Fiona McKeever, Chris ~lcl.aughlin , ~laura ~ lcl.aughlin , Joanelle O'Cieirigh, Paul Robinson, Richard Willis, Tim Kinney, Deirdre Barrett. Cian Beecher, Aili s/l!fi ll~f}'tioj)'){!'-li llJtJlb:J't I 6Conor O'Dwyer, Jenny Fisher, Robert Cain. Brendan Cooney, Connor ~· t anning, Gary McShaiT)'. Keith Smith, fohn Donald, Dar a Harrington, David Molloy. Stephen \ta:n31o\•.~ 'fonatnifi'Sheefi'an, ·Brendan Slattery, Gavin Woods, Simon Hannigan, Claire McGrade, Colin Monaghan, Susan O'Reill}'. Niamh Qui nn. Colin RooneyConsultants: James O'Dwyer. DanielE O'Conno r, John V O'Dwyer, fohn Glackin, Dr Mary Redmond, Dr Yvonne Scanne ll, Dr Robert ClarkEPA Export 01-08-2013:23:39:20

Page 2ART HUR COXpa11icular class 1 of development, namely "Peat extraction which would in volve a new or extendedarea of 30 hectares or more". As a res ult, the Agency requested our Client, by notification dated 18January 201 3, to submit an EIS.It is our view that in relying on the above reason to reach its determination in the EIA ScreeningDecision, the Agency fe ll into error because our Client's activity the subject matter of this IPPCLicence application does not in fact comprise new or extended peat extraction of any area. On thecontrary, as is argued fo r in the High Court Proceedings, the peat extrac tion has continued on broadlythe same footprint of land since 1993 for the lands at Coole, Maine and Ballinealoe, and since 1999on the lands at Clonsura. Thus the reason given by the Agency to carry out an EIA of our Client's peatharves ting acti vity does not apply in this case.Accordingly, it is our advice to our Client and our legal view, supported by Counsel, that the bas isupon which our Client has been required to submit an EIS to the Agency is incorrect.We wish to confirm therefore that the EIS which accompanies this legal submission is beingsubmitted to satisfy the Agency's requirement to carry out an EIA, but strictly speaking is not beingsubmitted in accordance with the Agency's notification to our Client dated 18 January 201 3.Finall y, the within EIS is not meant to be, and should not be taken to be, an acceptance of anyrequirement for planning permission or EIA to be sought or carried out by our Client under planninglegislation, and accordingly is submitted without prejudice to the High Court Proceedings .Yours faithfullyFor inspection purposes only.Consent of copyright owner required for any other use.1Class 2 of Part 2 of Schedule 5 of the Planning and Development Regulations 200 I - 20 12EPA Export 01-08-2013:23:39:20