KINSALE locals opposing plans for a mussel farm in the harbour said they will pursue a Judicial Review to protect the area if it gets the green light by the ALAB (Aquaculture Licences Appeals Board)
This comes on the back of a highly controversial decision by the ALAB to use its statutory discretion to consolidate 147 separate formal appeals – lodged at a cost of €150 each - into one.
Those who submitted appeals to plans by Waterford-based Woodstown Bay Shellfish Ltd to established a mussel farm on a 23-hectare site in the harbour were informed of the move in writing by the ALAB last week.
In documents seen by The Southern Star, the ALAB said it ‘has exercised its discretion under Section 42(1) of the Fisheries (Amendment) Act, 1997 to treat all 147 appeals as a single appeal’.
Marc O’Riain of Kinsale Harbour Watch said the 147 appeals lodged include submissions from individuals, marine users, environmental groups and local organisations.
‘One appeal includes a petition of 6,200 names, while several other were submitted by groups representing over 200 members each. The cost of appeal fees alone has exceeded €25,000, with many appeals reflecting over six weeks of preparation, research and professional consultation,’ said Marc.
‘However, there is growing concern about ALAB treating the 147 appeals as a single objection, effectively rolling them into one file.
‘This process involved extraordinary public effort. To flatten it into a single case would not only diminish the voices of thousands but seriously misrepresent the scale of opposition.’
Campaigners fear this move would undermine the democratic process, erase the diversity of views expressed and risk breaching the Aarhus Convention. This is an international agreement, ratified by the EU, guarantees the public’s right to meaningful participation in environmental decision-making and requires that each individual or group must be given the opportunity to be heard distinctly and fairly in licensing processes.
Marc is calling on ALAB to recognise the integrity of each submission, acknowledge the volume of public concern and hold a formal oral hearing to ensure transparency and public scrutiny.
‘We remain hopeful that the appeals process will deliver a fair outcome,’ he said. ‘But if necessary we are prepared to pursue a Judicial Review to protect Kinsale Harbour.’
Meanwhile, Cork South West TD Michael Collins said people genuinely sent their submissions in the belief that each of the hundreds of objections would be treated individually as each person paid a fee of €150.
‘Now they are being told that all of the objections are to be treated as one which is totally wrong. Once a person pays it themselves it should be treated individually,’ he said.
‘It looks like every short cut is going to be taken with this planning licence despite the thousands of signatured handed into Minister Timmy Dooley recently.’
A spokesperson for ALAB said they cannot comment as it relates to live appeal before the board.
