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Legal challenge over Derry pollution report to be discussed in private

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A legal challenge lodged against the publication of a study into the potential health impact of any pollution on people living in a number of areas in Derry will not be discussed in public.

The report was commissioned by Derry City Council in 2014 after concerns at the potential health impact of any pollution on thousands of people living in the Culmore, Maydown and Strathfoyle areas.

Among the businesses consulted were Londonderry Port, Coolkeeragh Power Station, Du Pont and the Foyle Food Group.

However, the publication of the report was blocked last year by the Port, one of the industrial facilities located within the area.

The Derry News revealed last week how residents living in the Culmore area, including John Clarke, were now eager to read the report, as they believe there has been a marked increase in levels of pollution in the area.

The study was completed last year and had been due to be ratified at a meeting last July by Derry City and Strabane District Council, which replaced Derry City Council in April 2015.

The Derry News revealed last August that the Port & Harbour, which is one of the largest businesses operating in the area covered by the health study, had described the report’s findings as 'deeply flawed'.

As a result, the Port & Harbour took legal action to block the publication of the report in its current form.

The issue was raised again at a meeting of Derry City and Strabane District Council, at which the independent unionist councillor Maurice Devenney asked for an update on the publication of the report.

Alderman Devenney told the meeting that he sat on the board of the Port and Harbour, and that the Health Impact Assessment had been asked for ‘well over a year ago’, adding that it should come before the council so that elected members can ‘give it consideration’.

Alderman Devenney added it was an issue being brought up by people ‘around the doors’.
The SDLP’s Angela Dobbins said she had been ‘shocked to open up a newspaper and read all about’ the report, and called for its publication, as did Sinn Fein’s Tony Hassan.

The SDLP’s Gus Hastings then asked the council’s legal adviser, the City Solicitor Philip Kingston, if there was a ‘legal reason’ why the report could not be discussed in open business by the council, which would be open to the press and members of the public.

Mr Kingston replied that council had ‘received some correspondence of a legal nature’, and as a result, any discussion of that ‘would have to take place in confidential business’.

He added he could not discuss the matter any further.

In a statement, a spokesperson for Derry City and Strabane District Council said the final report had been completed by the appointed consultants and circulated among a steering group which included local community groups, businesses and statutory organisations.

“Since its completion the council received a representation from one of the stakeholders involved in the steering group regarding the final report and is involved in ongoing correspondence with them regarding their concerns,” the spokesperson said.

“Council welcomes the views of the general public in relation to this issue and we will continue to liaise with community representatives and relevant stakeholders throughout this process.

“The council will continue to fulfil its statutory obligation to review industrial installations and ensure they comply with environmental permit conditions in respect to emissions to air. The Environmental Health Service will investigate public health nuisance complaints.”

If you have a story or want to send a photo or video to us please contact the Derry Now editorial team. Between 9am and 5pm Monday to Sunday please call 028 7129 6600 for Derry City stories or 028 7774 3970 for County Derry stories. Between 5pm and midnight please call or text 07825 711978. Or you can email john.gill@derrynews.net at any time.


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