By Marianne Flood
A Derry fishing club is to have their complaint over ‘highly contaminated’ settlement lagoons around the River Faughan heard by the United Nations Economic Commission for Europe next month.
The River Faughan Anglers (RFA) believe the precious natural resource is not getting the protection it deserves.
Its case against the UK will come before the United Nations Economic Commission for Europe’s Aarhus Convention Compliance Committee in Geneva on December 12.
The United Nations Aarhus Convention establishes a number of rights of the public with regard to the environment.
Gerry Quinn, Secretary of the RFA, said its complaint centres on alleged unauthorised landfilling and ‘highly contaminated’ settlement lagoons in the flood plain, which it says were built in 2002 without planning permission or environmental assessment.
“Despite concerns being raised by River Faughan Anglers over a period of 15 years since their unauthorised construction, these lagoons became immune from enforcement action in 2012 because of the Department’s failure to act in the timely manner to have the threat to the river removed,” said Mr Quinn.
The RFA have been battling with the statutory authorities for many years over what they see as inappropriate development along the river, such as the Mabuoy superdump and a concrete production plant.
In December 2012 the RFA initiated a judicial review of the Department of the Environment’s handling of plant as it believed it had been ‘permitted to expand unchecked’.
However, a judge rejected their call and held that none of their arguments had been established.
Appeal
“Advice from our senior counsel at that time was that we should immediately lodge an appeal,” explained Mr Quinn.
“Unfortunately, by that stage legal costs had spiralled from the estimated £80,000 to £160,000 due to repeated delays and rescheduling by the courts.
“Reluctantly, the decision was taken by directors that RFA could not afford to appeal the decision but that we would progress our complaint through the Aarhus Convention Compliance Committee.”
Mr Quinn said the RFA want to ‘bequeath a healthy environment for future generations’.
“It is designated an Area of Special Scientific Interest and a Special Area of Conservation, which is afforded the highest environmental protection in Europe under the Habitats Directive.
“It is also the main source of water for the City of Derry which is abstracted downstream of the offending development.
“Its river valley is of high scenic importance, with remnants of old oak forest, and hosts a variety of flora and fauna, most notably the European Otter and Atlantic salmon.”
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