A Co. Limerick farmer has begun a legal challenge in the High Court against a decision to grant planning to expand a local factory due to his concerns over stormwater discharge.
Tom Ryan, who has farmed in Ballynoe, Mungret for almost 50 years, was granted leave for a judicial review of An Bord Pleanála’s decision giving permission to US chipmaker Analog Devices International to expand its plant in the Raheen Industrial Estate.
The farmer is also challenging a decision to grant planning for the construction of a liquid hydrogen storage tank at the site.
In his sworn affidavit to the court, Ryan claimed that the developer and others in the Raheen Industrial Estate discharge stormwater through a channel called the Loughmore Canal, which flows into the Barnakyle Stream.
This stream flows through Ryan’s lands before it joins the Barnakyle River.
The farmer claims that the discharge of stormwater from the Raheen Industrial Estate increases the outflow to the Barnakyle Stream and frequently results in flooding on his lands.
He alleges that he is “directly and adversely affected” by the proposed development and by the accumulation of development at the industrial estate.
Stormwater discharge
Ryan said that he became concerned about the quality of the water discharging from the Loughmore canal a few years ago.
He said that after flooding took place there was a “whiteish residue” left on his hands.
The farmer said that his cattle began to get sick, some developed growths on their faces and could not eat and had to be put down.
A vet was unable to identify the cause of the illness in the cattle, but Ryan believes it is due to the discharges from Raheen Industrial Estate.
The farmer requested that Limerick City and County Council, the Environmental Protection Agency (EPA) and the IDA, which manages the industrial estate, launch an investigation into the issue.
Ryan claimed that they have established there are pollutants in the discharge that goes into the Loughmore canal, but have not yet established who is responsible.
The farmer believes all discharges should be properly assessed and identified before planning permission is granted for new developments in the industrial estate.
He said that he is not against development in the Raheen Industrial Estate which has created jobs and benefits for the Limerick area.
Farmer
Ryan, who is represented by FP Logue Solicitors, claims that An Bord Pleanála did not consider that the proposed development was part of a wider functionally integrated development.
He alleges that the decisions to grant permission for the expansion and the liquid hydrogen storage tank construction are invalid as the board misdirected itself in law as to whether an Environmental Impact Assessment (EIA) was required.
The farmer also claims that the board failed to have proper regard for the Limerick County Development Plan when making its decision.
The case against An Bord Pleanála and the State is due back before the High Court on November 27.
The Environmental Protection Agency (EPA), Limerick City and Council Council, IDA Ireland and Analog Devices International are named as notice parties in the proceedings.