Thursday, December 13, 2007

Breach of Consolidated EU Directive on Environmental Impact Assessment

http://www.savetara.com/Download/EP_Petition_Guckian.pdf.

Breach of Consolidated EU Directive on Environmental Impact Assessment (EIA),
85/337/EEC [Amended], in relation to certain Irish road schemes
The following Irish Local Authorities have been found to have breached Article 5 of the Consolidated EU
Directive (consideration of alternatives) in respect of the following road schemes: Dun Laoghaire - Rathdown
Co. Council (proposed Monkstown Ring Road) Galway Co. Council (N6 Motorway) Laois Co. Council (M7 /
M8 Motorway) Meath Co. Council (proposed M3 Motorway).
In all these cases the EISes for the projects interpreted alternatives purely in terms of alternative routes for
the road scheme, instead of alternatives to the scheme itself, for example meeting transport demand via
more sustainable modes such as rail or coach. The correct meaning of alternatives is clearly explained in the
Guidelines on EIA (EU Guidelines on Scoping for EIA: http://europa.eu.int/comm/environment/eia/eiaguidelines/
g-scoping-full-text.pdf.
These clearly outline how alternatives to road schemes should include consideration of other modes
(alternative ways of meeting demand; alternative designs and processes). Recent research carried out by
the undersigned into the EISes for the above projects has shown the project developers did not properly and
correctly consider alternatives to the schemes. Unfortunately, all these schemes have been approved by the
Irish planning consent authority (An Bord Pleanala). The undersigned cannot seek Judicial Review of these
decisions because the Irish legal system imposes onerous costs on the individual, in itself a breach of Article
10(a) of the Directive.
The undersigned makes representations to the Petitions Committee to investigate this breach of the
Directive as a matter of urgency.
Brian Guckian Rail & Integrated Transport Researcher, August 3rd, 2006.
Commission of the European Communities,
(for the attention of the Secretary-General),
B-1049 Brussels,
BELGIUM.

Compensation to Jackson Way Properties

http://en.wikipedia.org/wiki/D%C3%BAn_Laoghaire-Rathdown_County_Council

Compensation to Jackson Way Properties
Agreement
[1], subject to confirmation of ownership, was reached on compensation to be paid by Dun Laoghaire-Rathdown County Council to Jackson Way Properties in the sum of €12,860,700 for the compulsory purchase in October 1998 of its freehold interest in the lands (subject to certain wayleaves and rights of way), adjoining the route of the South Eastern Motorway Scheme (M 50). The Council agreed to pay costs and expenses properly incurred by Jackson Way Properties in relation to preparation and submission of its claim.
The Award total is broken down as follows;
Land Taken €9,691,000
Injurious Affection €2,296,700
Disturbance €873,000
It is now the view of the
Criminal Assets Bureau that €4.2 million of this award represents the present value of corrupt enrichment by the property owners.
A company called Paisley Park Investments Ltd were registered as full owners in 1992 and the land was transferred to Jasckson Way Properties in 1993, the beneficial owners of which are believed by the CAB to be arcade owner James Kennedy and solicitor John Coldwell.

Wikipedia: Dún Laoghaire-Rathdown County Council

http://en.wikipedia.org/wiki/D%C3%BAn_Laoghaire-Rathdown_County_Council

Dún Laoghaire-Rathdown County Council
(
Irish: Comhairle Chontae Dhún Laoghaire-Ráth an Dúin) is one of three local authorities in the greater Dublin area that caters for a population of approximately 192,000 persons. Its electoral wards include Ballybrack, Blackrock, Dundrum, Dún Laoghaire, Stillorgan, Glencullen and Stillorgan. Twenty eight members serve on the Council.
Local authorities in
Ireland are local branches of the Irish Government responsible for the provision of an extensive range of public services in your area. In addition, local authorities promote the interests of your local community, including the social, economic, environmental, recreational, cultural, community or general development of your area.

Criminal Assets Bureau Investigation, Jackson Way Properties Ltd

http://en.wikipedia.org/wiki/D%C3%BAn_Laoghaire-Rathdown_County_Council
Criminal Assets Bureau Investigation
The CAB successfully obtained a High Court order on July 26, 2006 freezing land assets of 107 acres at Carrickmines, County Dublin owned by Jackson Way Properties Ltd and preventing their sale[2]. CAB contended that these lands had been rezoned on December 16, 1997 by Dún Laoghaire-Rathdown County Council from agricultural to industrial after Frank Dunlop bribed and made corrupt payments to councillors to secure their support in the rezoning vote. That vote increased the value of just 17 acres of the property from €8 million to €61 million. CAB has interviewed and took statements from Frank Dunlop and will use him as a witness against a number of property developers.
The lands in question have been the subject of investigation by The Mahon Tribunal in 2003 and 2004.
If this case succeeds the potential money realised by CAB will be substantially more than the yield from gangland criminals since 1996. Other similar cases are likely to ensue involving lands investigated by The Mahon Tribunal.