Cork City flood plan excuses a farce, says councillor

The longest-serving councillor in Cork City has called for an emergency meeting after a European Court ruling delayed a key part of the city’s flood defences.

Fianna Fáil Cllr Tim Brosnan branded Cork City Council’s official explanation for the delay a “farce” last night, following confirmation that a new environmental report is needed for the contentious €6m Morrison’s Island public realm and flood defence project, and that a new planning process through Bord Pleanala is also required.

The council blamed a European Court ruling on the potential impact of such works on protected habitats.

It must now abandon the scheme’s Part 8 planning approval, signed off in April, to prepare a new environmental report, and must now embark on a Part 10 planning process through An Bórd Pleanála.

It could be six months before a decision is made.

Mr Brosnan blasted city officials and accused them of “hijacking democracy with their attempt to run this through Bord Pleanála”.

“The Lord Mayor must call an emergency meeting of councillors who must be fully briefed and who in turn following the briefing will decide how to proceed,” he said.

“The State has messed up in not properly assessing whether or not the European Court case would have retrospective effect.”

“I want accountability in terms of costs and personally I want to see the matter considered locally instead of a managed process in Bord Pleanála offices in Dublin.”

But Lord Mayor Cllr Mick Finn said the court ruling changes the “planning avenue” for the project and little else.

The council’s deputy chief executive, Ruth Buckley, said officials are still committed to the public realm and flood defence project.

City Hall defended the original Part 8 and insisted that when it was signed off in April, it was in full compliance with planning laws.

It said the European Court ruling which came a month later — arising out of an Irish wind-farm case and linked to technical reports on the possible impact on protected habitats — could not have been foreseen.

The council said its Appropriate Assessment (AA) analysis and screening for the scheme in March indicated a “minimal risk” of harmful effects on sensitive habitats several kilometres downstream.

As a result, a Nature Impact Statement (NIS) was not considered necessary and mitigation measures to offset these minimal impacts were included in the scheme design.

But the European Court’s declaratory judgement a month later on the wind-farm case stated that if there is even a potential impact on protected habitats, no matter how small or insignificant, then an NIS must be carried out. Because the ruling was a declaratory judgement clarifying a point of law, it is retrospective and must be applied to existing and future decisions involving AA screenings.

The council said the data for an NIS has already been gathered as part of its AA report but will take time, and some extra money to prepare.

But a spokesman insisted there are no plans to change the design of the scheme which attracted some 1,500 submissions during public consultation earlier this year, and which was the subject of a judicial review.

Campaign group, Save Cork City, which sought a judicial review of the Part 8, welcomed the news which was outlined to the High Court yesterday.

Wednesday 3rd Oct at 6:30pm @corkcitycouncil

An opportunity to speak about #CORK and why we love it

Ask about the WALLs scheme & GET some answers!!!

Have your say about the destruction proposed and why it's supported by Cork City Council#LOVEtheLEE #SaveCorkCity

Please RT pic.twitter.com/u5ubPBB56l

— Save Cork City (@savecorkcity) October 1, 2018

Spokesman John Hegarty said the council has taken the right decision and should now engage with the public on the designs again.

“Rather than spending time and money in court we believe the council should sit down with us and other members of the community to agree a scheme that protects Cork and its heritage,” he said.

“Save Cork City has put forward visionary alternatives which will protect Cork from rising water levels and enhance the relationship between the city and the river without the need for flood walls. We will be writing to the chief executive seeking an early meeting to discuss the path forward.”

The Morrison’s Island area is one of the city’s most flood-prone zones. Officials say the public realm scheme will protect against 70%-80% of the tidal flooding that affects the city centre island area.