Today marks two years since the unauthorised erection of a broadband mast at Knock Iveagh summit. Since that time, and under the noses of both the local council and the Department for Infrastructure, numerous additional works have taken place, the vast majority of which were unauthorised & took place without planning permission. This means that the public and government archaeologists never got a chance to have their say! There has never been an Environmental Impact Assessment at Knock Iveagh to assess the cumulative impact of all these piecemeal developments, and the turbine itself was never subject to an EIA despite fulfilling the criteria... The scheduled burial cairn at Knock Iveagh's summit is not an isolated monument, it dominates a landscape full of important sites including a Bronze-Age barrow, a very large 'Royal Enclosure' and a medieval bawn (discovered by the Friends in 2018). Beneath the cairn is a layer of burnt ash which may indicate that the hill had a ritual function before the cairn was constructed. This layer is nearly 6,000 years old. Experts believe that Knock Iveagh was the centre of local power and the inauguration place of the petty kings of the Ulaid Uí Echach Cobo tribe. The hill was retained within the lands belonging to the medieval Lords of Iveagh and formed part of their inauguration complex (see map below). Knock Iveagh has been accessed freely by the public for millennia until recently when developers have tried to prevent access in what we believe is a breach of common law. These additional works which have been allowed to take place here include (but are not limited to):
The fact that additional unauthorised development has been allowed take place on top of the earlier consultation failures raises very significant questions about the protection of heritage in Northern Ireland and the 'integrity' of our planning process. Despite all of the evidence presented to them, and the good faith and transparency shown by our group in all our dealings, the DFI have failed to step in and have maintained for two years that this is a matter purely for the local council. We consider that this 'arms-lengthing' of development at this ancient, and culturally important hill, is utterly indefensible. The unauthorised works at Knock Iveagh have greatly damaged both the site, AND the hilltop setting of the burial cairn, and the vast majority of the works took place after the authorities were alerted. There is no way to reinstate or record archaeology retrospectively, once it's gone, it's gone and the damage cannot be undone. Since the DFI have, for two years now, refused to intervene at Knock Iveagh we are now asking supporters of our campaign to provide their 'consultation' feedback DIRECTLY to Angus Kerr, Chief Planner and Director of Regional Planning at the Department for Infrastructure. Please use the form below to ask him to step in and ensure the hill is restored, in so far as is possible, to its former condition. If the planning process is to retain any credibility whatsoever in Northern Ireland, these issues MUST be resolved. Knock Iveagh has been respected as a burial place, and the centre of a ritual landscape for 6,000 years. Not on our watch! THANK YOU! *retrospective consultation (!) has been required for the access road, but in isolation - in a process known as 'project splitting'. This strategy can be used to avoid assessing the cumulative impact of developments, and this has been found to be unlawful. You can view this application under reference LA08/2017/1734/F
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In January 2019, it was announced that County Down had secured a place on the “Sustainable Destinations Top 100”, a list of tourist destinations which have been judged to have a responsible approach to sustainability. Stuart Park, the county’s mentor for their application, lauded its “effective waste management practices” and local authorities’ and other partner agencies’ “strong policies and plans”. Let’s see how these claims measure up against some recent high profile stories in the region. Anaerobic digesters Much of County Down is rural, with land being put to agricultural use. Farming has been carried out responsibly and sustainably for generations, but more recently government policy has been to encourage aggressive growth within the sector, with the consequent problem of how to handle increased waste products.
However, the large subsidies have encouraged some to use valuable agricultural land to grow crops such as grass with the sole purpose of feeding their anaerobic digesters, rather than using it in a more sustainable way. Add to this the fact that anaerobic digesters can leak toxic gas, and the digestate which they produce – and which is spread on land as fertiliser – can retain toxic elements, and the set-up begins to look less and less sustainable. Is this one of the “effective waste management plans” which helped County Down win its award? Nuclear waste We can’t talk public policy and waste management in County Down, without mentioning the proposals to store the UK’s nuclear waste in the Mournes. The NI Executive supported ‘geological disposal’ in 2008 and 2014 (i.e. burying hazardous waste in rocky landscape). This historic support was highlighted by a spokesperson explaining a Government contractor’s recent recommendation that areas of Newry and the Mournes would be suitable places to store the UK’s nuclear waste. One news outlet noted: “Northern Ireland tourist sites are among the potential locations for a nuclear waste “dumping ground”, it has emerged.” Did this form part of County Down’s entry for the Sustainable Destinations Top 100; perhaps under the “strong policies and plans” heading, or maybe “effective waste management”?
The new structures will be situated next to Carlingford Lough and Rostrevor Wood, both of which have protected status and are designated areas of special scientific interest. The latter contains ancient oak trees and was cited by C.S. Lewis as his inspiration for Narnia. The Council’s planners – perhaps genuinely adhering to the “strong policies” which helped County Down win its sustainable tourism gong – rejected the planning application. The Councillors overruled them. Northern Ireland is rightly proud of its literary heritage and the landscape that inspired it. Whilst in Belfast, they’re investing a lot of money to build new statues of C.S. Lewis and his characters, in County Down, they’re tearing down the ancient, irreplaceable natural landscape which inspired him. Where’s the “sustainability” in that? The Council can look to NI’s planning policies to protect natural heritage, archaeological sites and monuments, the environment, and sensitive surroundings. They should be requiring environmental impact assessments of any proposed new structures in applicable locations. And yet, on their watch, since October 2017, one wind turbine and two telecoms masts have been erected on Knock Iveagh, and 2km of trenching has been dug around the Knock without any plans for this having been submitted. The cairn on Knock Iveagh is a scheduled monument dating from approximately 3,700 BC, and the hill is likely to have been a sacred site for over 5,000 years. Knock Iveagh should be the jewel in the crown of what County Down can offer visitors. It could and should have been front and centre in the county’s application to be included on a high profile list of tourist destinations. What does the county’s application ‘mentor’ highlight though? “Strong policies and plans”. Policies and plans which our local authorities don’t even follow. The future of our heritage is being decided right now, but our decision-makers have their heads buried in policies and applications rather than looking at what’s happening in the real world around them. It’s galling to see the region win praise for “sustainability” when what’s happening on the ground is so unsustainable. It’s ‘green-washing’ of the highest order.
At the second battle of Moytura Lugh killed his fearsome grandfather using - and this part varies - a slingshot, or a spear. Right through the eye.
What has this got to do with the hill and mound at Knock Iveagh? Knock Iveagh is a place where, like the Tuatha De Dannan of Irish myth, the people went 'into the hill'. They didn't just 'go into' the cairn in ceremonial urns, their remains were scattered amongst the cairnstones themselves. They didn't just 'go into' the cairn either, the summit of Knock Iveagh itself was littered with their burnt offerings. They literally put themselves and perhaps even their homes into their 'sacred' hill. Then their descendants went there over and over, respectfully, for millennia, just as we did. The 'battle' for Knock Iveagh is something of a David and Goliath/ Lugh and Balor. The Friends of Knock Iveagh are regular people. In fact, a lot of the hard work behind the scenes has been done by mothers with young children. Not archaeological experts, not politicians, not professional planners, 'just' very ordinary working families who love the hill. We are up against a real-life one-eyed giant at Knock Iveagh, and determined developers with deep pockets and 'scary lawyers'. It's as simple as that. At times we have been criticised for not getting out in front of diggers, or for not heading up there and taking direct action. That just wasn't an option for us. Most of us went there as children with our families, and we took our own families and friends there until very recently. We went there freely and unobstructed. It is where we went to clear our heads, it made us feel good. We miss going there. The ancient hill is still 'sacred' to us. Because of a series of monumental (!) failures by the 'professionals' this area has come close to losing a key piece of its history. But we remembered and we told the story. We are not fighting with slingshots, but the battle is the same. It is time that the people who WE PAY to ensure lawful planning in our country do the right thing, put an end to the desecration of Knock Iveagh, and ensure that it can be enjoyed again by everyone. Please help us, and share the story of Knock Iveagh with your friends. #protectthesacred #saveknockiveagh *If you want to learn more about the story of Lugh, we highly recommend this beautiful book. The stories are simply told and it's perfect for children! 'The heroic sagas of Ireland are great treasures of our cultural inheritance. They recall for us our ancestors and remind us of the ancient bond that was forged between the people and the land.' Read more about Lugh and Balor here.
Folks, we're really sorry... But we're going to have to ask you to take action AGAIN..
Mr Neil Wylie, owner and Director of 'Go Fibre Ltd', the same company who originally erected the broadband mast at Knock Iveagh in September 2017) has, incredibly, submitted an application for ANOTHER mast in the same position! Despite the public outcry and the refusal of retrospective planning application for a mast there last year, Mr Wylie seems determined to continue to use this historically and culturally important hill as a broadcasting location. Under the name of another of Mr Wylie's companies (this time 'AirFibre Limited') a mobile broadcasting van was positioned at the summit of the hill. It accessed the summit by way of a road which damages the scheduled area and which itself does not have any planning permission.... Their new application is the same in all aspects to the one which was previously refused planning permission, except that the height is said to be 3 metres less. We were not informed about either the appeal or the new application by ABC Council, despite their being fully aware of our concerns about Knock Iveagh and the public support for our campaign. The Friends of Knock Iveagh asked ABC to refuse the mast application (under section 46 (1 & 2) of the Planning Act (Northern Ireland) 2011) because it is so similar to the one which has already been refused. However, disappointingly, they have declined to do this. As you may know, at the time Go Fibre Ltd erected the original mast (see pictures), the scheduled area and the cairn itself was damaged, and very sadly not for the first time. An investigation into this, the third distinct episode of damage to the monument, was begun by the Historic Environment Division, DFC. We reported the intrusion of the unauthorised van to ABC Planners and DFC:HED and an enforcement noticed was served one month later which required the van to be removed by 1st December. However, at the 11th hour the company appealed this notice and now the matter will go before the Planning Appeals Commission. The Friends of Knock Iveagh have now written to the Planning Appeals Commission to request input into this planning appeal on behalf of those who support our campaign. We have also written to our MP, MLAs and other professionals to request that they feed into this process. So now, as well as the contested wind turbine (granted planning permission in error due to a failure in the consultation process when planners didn't consult professional archaeologists), Knock Iveagh - the centre of an ancient ritual landscape and an important part of our shared heritage - is now being even further exploited. WE NEED YOUR HELP! Please email your objection to this most recent application by Go Fibre Ltd to: [email protected] The text below (in red) is designed to help you make your objection, but please feel free to add your own thoughts and comments - it is best if you do! You will need to provide an email address with your objection but you can ask for your personal information to be removed. Names are required. You can also object online via the planning portal here: http://epicpublic.planningni.gov.uk/publicaccess/ To do this, search for ref: LA08/2018/1672/F and then register to leave a comment via the 'comments' tab.
The Uí Eachach Cobo and later Magennis Lords of Iveagh claimed their descent from one of the great heroes of the Ulster Cycles, Conall Cearnach. Conall was said to have had a ‘crooked neck’, after his uncle attempted to murder him as a young child. Luckily Conall’s mother Findchoem managed to intervene, and he grew up to become a Champion Red Branch Knight at Emain Macha (Navan Fort, Armagh). Conall was foster-brother and cousin to Cú Chulainn, who is remembered as the legendary ‘Hound Of Ulster’. When they were young men, Conall and Cú Chulainn promised each other that, were either of them to be killed, the other would avenge his death. After Cú Chulainn met his end at the hands of Erc and Lughaidh, Conall kept his promise and travelled from County Wicklow to avenge him. He killed Erc and hung his head on a withe and then he went after Lughaidh. Lughaidh had lost a hand during his fight with Cú Chulainn, so in order to make the fight fair (and to show off no doubt!) Conall is said to have tied one arm to his side. He cut off Lughaidh’s head, and kept his promise. This story became the subject of a vicious 17th Century bardic dispute over the ownership of the ‘red hand’ symbol. In defence of the Magennis claim, one poet, citing a number of sources, argued that: ‘Conall Cearnach left the impression of his blood-stained hand on a standard while avenging Cu Chulainn’s death. This has been the inheritance of Conall’s descendants ever since’ The story goes that Conall Cearnach was offered the throne of Ulster, but he declined and nominated his pupil Cuscraidh instead. Upon taking the throne, Cuscraidh gave Conall lands between Drogheda and Iveagh. ‘Tandragee Man’, a 3,000 year old stone statue is considered by many to be a ‘Pagan idol', however it doesn’t actually come from Tandragee at all but was, in fact, retrieved from a bog near Newry. Following a spell at a Rectory in Tandragee (where it acquired its name) it was re-housed in St Patrick’s Cathedral in Armagh. It is widely believed that the statue represents King Nuada, a ruler of the Tuatha De Dannan, who was said to have lost his arm in battle and had it replaced by an arm made of silver. However, it has also been suggested that this statue may be a representation of Conall Cearnach, the great ‘Heroic’ ancestor of the Uí Eachach Coba, with his arm held firmly at his side as it had been during his battle to avenge Cú Chulainn. Could there have been a ‘Cult of Conall’ amongst people in the area who claimed their descent from this ancient hero? It also been noted that Conall’s name may contain a reference to ‘horns’, and the statue does indeed have ‘unmistakable horns’ [Kingsley Porter, 1934]. The most commonly accepted interpretation of the name Conall, however, is that it relates to a Celtic word meaning ‘strong like a wolf’. Dáthaí O’hOgán also notes that ‘His sobriquet meant ‘triumphant’, an appropriate one for such a hero’. A long-standing piece of local folklore here in County Down tells that the skeleton of a wolf was found amongst the cairnstones at Knock Iveagh. There is no record of any such find in Pat Collins’ detailed report following his 1954 excavations, but it is known that the cairn was ‘investigated’ in the C19th by a Mr Glennie from Newry, with items removed which are now presumed lost. Were the remains of a wolf among these items & could this be the origin of the local folklore? Did the ancient hero Conall Cearnach, the ‘wolf triumphant’, in some way represent a totem for the tribes here and could this wolf have been deliberately placed in the cairn to protect the ancestral hill of the Uí Eachach? Or was its discovery simply the result of an unfortunate accident? While the answers to these and many other questions will probably never be known, the stories and myths persist. They are, after all, in themselves an important part of our cultural inheritance; and perhaps they help us to understand a little more about our unique shared heritage. They are our stories. We should tell them. Written by: Anne Harper, October 2018
Further reading: 'Varia III. Quatrains relating to the controversy of the Red Hand': Gordon ÓRiain, Ériu, Vol 61 (2011) 'A Sculpture at Tandragee': A. Kingsley Porter, The Burlington Magazine for Connoisseurs, Vol 65, No 380 (1934) Trial Excavations in a Round Cairn on Knockiveagh, Co. Down': A. E. P. Collins, Bruce Proudfoot, J. Preston, W. R. M. Morton and A. G. Smith, Ulster Journal of Archaeology, Third Series, Vol 20 (1957) 'The Lore of Ireland, A Encyclopeadia of Myth, Legend and Romance' by Dáthaí O’hOgán ‘In Search of the Irish Dreamtime’ by J.P.Mallory 'Annaclone & Drumballyroney Local History' by Annaclone Historical Society As followers of our social media will know, it has been a very busy and exciting few weeks for the Friends of Knock Iveagh... While those of you who check Facebook and Twitter may be aware of SOME of the details, you likely won't know a whole lot about the background to our recent discoveries so this blog is a brief attempt to fill you in. It's pouring with rain today, but until recently we've been experiencing the driest spell of weather in a generation. This type of drought leads to colour changes in the crops and grass which can outline the 'ghosts' of archaeological structures no longer visible above the ground as 'crop marks' - especially when viewed from above*... We asked Department for Communities: Historic Environment Division to undertake urgent aerial/ geophysical research into the area around Knock Iveagh at the first possible opportunity in early September 2017. That didn't happen. We felt sure that there was unrecorded archaeology in the lands around the cairn, but nobody seemed to believe us despite there being long-forgotten images of additional crop marks recorded at Knock Iveagh (Archaeological Survey of County Down pub. 1966). We were pretty much told that the HED would only put their name to whatever was already written down. There didn't seem to be much interest in 'rescue' research, very possibly because of time and money, but nonetheless.... Where there is a barrow and a cairn, an enormous 'Royal' enclosure (to the north), and ring ditches, all located around a hill known to have been used for inaugurations, well, that's the bones of an important ritual landscape right there, surely? Are we really just going to let folk turn this area into a wind farm without a fight? Well we have been lucky, and we have been gifted lots of time, experience and huge amounts of knowledge by well-respected professional archaeologists to whom we will be forever indebted. With their help the Friends of Knock Iveagh have been able to piece back-together something absolutely remarkable - a landscape full of 'multi-period archaeology' stretching more than 5000 years from the Neolithic period right up to the Famine. This landscape around Knock Iveagh bears witness to some of the earliest wheat-farming in Europe; and includes castles, crannogs, and standing stones... A large Bronze-Age horn was recovered close-by offered to watery Gods at Ardbrin bog. Watching over all of this, above an unusual 'ritual' layer of ash and bone, stands one of the most accessible and oldest cist cairns in the North... Now we have added to this picture two more vast ring-shaped enclosures, what looks like a building with possibly bawn-esque features, as well as numerous previously unlisted raths and ring-forts. It was all there - all we had to do was look... This Lughnasadh, thanks to Lugh himself (aka the 'Sun'!), we have truly been gifted a window into our past. It is a ritual past, a Royal past, and a past which will no doubt deepen our understanding of ourselves and the land we all share. So no, we are not 'clutching at straws' (as one jaded civil servant so kindly put it), we are 'realising the value of our historic environment'. And we are not going away - we are going to Europe. #saveknockiveagh *We would like to express our sincere thanks to Patrick of PAK Aerial Media for his wonderful, professional drone images, as well as our own pet-drone: 'Balor of the piercing eye'!
from dakota to down: |
chas jewettChas Jewett, of the Cheyenne River Sioux Tribe will share her experiences as a community organiser and campaigner for environmental and social justice, defending ancestral land from development at Standing Rock, Dakota. | eamonn kellyInternationally renowned archaeologist Eamonn (Ned) Kelly, former Keeper of Antiquities at the National Museum of Ireland, presents some of his exciting new research into the ritual landscape surrounding Knock Iveagh. |
We hope you will join us for what promises to be a very informative and inspirational event. Tuesday 3rd July, at 7.30pm in the Turnip House, 64 Dromara Road, Leitrim, BT31 9UF |
Tickets cost £11.50 (includes booking fee) & refreshments are included*.
About our venue:
We are thrilled to be able to present this event at the wonderful Turnip House. Boasting beautiful views of the Mourne Landscape (and situated close to the Legananny Dolmen and Finnis Souterrain!), the Turnip House is built out of the kindness and skill of its proprietors. There is simply nowhere like it! Find out more here.
We are thrilled to be able to present this event at the wonderful Turnip House. Boasting beautiful views of the Mourne Landscape (and situated close to the Legananny Dolmen and Finnis Souterrain!), the Turnip House is built out of the kindness and skill of its proprietors. There is simply nowhere like it! Find out more here.
*Please note - this is not a campaign fund-raising event. Tickets sales fund this event ONLY.
The Friends of Knock Iveagh have campaigned extensively over the last six months communicating with Planners, Councillors and the CEO of ABC Council, and with Historic Environment Division of Dept of Communities, and local politicians including councillors, MLAs and MPs. We have also had meetings with representatives from the DUP, Sinn Fein, and the SDLP, and we are very grateful for their time and support. We have also engaged the services of a top environmental lawyer and barrister.
Below is an excerpt from a letter sent by the Friends of Knock Iveagh to Councillors & Aldermen from ABC Council in February 2018 which attempts to explain some key legal points FYI:
'Over the past two months the public have observed extensive heavy construction work taking place at Knock Iveagh in spite of the numerous problems with the development (we understand that there are currently four live enforcement investigations taking place, and yet no enforcement notice or stop notice have been served).
With this in mind, we invite you to take a few moments to read the following information relating to the Council’s responsibilities in discharging its planning duties. We are also excited to share some recent new discoveries about the site.
Legal Responsibilities
The Planning Department has broken the whole development into smaller parts and is dealing with each one separately. This is known as “project splitting”and is unlawful under both UK and European law.
The Planning (Environmental Impact Assessment) Regulations (Northern Ireland), which are supported and clarified by European case law strongly indicate that an Environmental Impact Assessment (EIA) should have been done on the development on account of it being a wind turbine greater than 15m tall in a landscape of historical, cultural and archaeological signficance. The law dictates that all associated works which are part of a wider wind turbine project must be included as part of a ‘whole project’ Environmental Impact Assessment. It requires that electrical work whose purpose is to facilitate the operation of a wind turbine must be evaluated under a ‘whole project’ principle and cannot be separated.
The Planning (General Permitted Development) Order (Northern Ireland) 2015 is also very clear that in cases where the work forms part of “EIA Development” (i.e. development which requires an EIA), permitted development rights do not apply.
We believe that ABC Planning Department has acted unlawfully by breaking the whole development down into smaller parts and dealing with each one separately, including by wrongly waving through some elements as permitted development. Failure to comply with EIA regulations is a matter which is taken seriously by the courts. The fact that works have reached such an advanced stage has no bearing on the requirement to do an EIA, or on the fact that the Council is subject to a duty to nullify the consequences of a breach of European law.
Based on our understanding of the situation, the most straightforward and effective way for ABC Council to nullify the consequences of this breach of European and UK law is to immediately discontinue all Planning Permissions on the site.
Our public bodies have been entrusted with the guardianship of our heritage on behalf of us all, and we would like you, as our elected representatives, to ensure that the Council operates both within the spirit as well as the letter of these laws. The legally binding European-wide Valletta Treaty requires us to“protect the archaeological heritage as a source of the European collective memory and as an instrument for historical and scientific study.” Article 5 includes a requirement “to ensure that environmental impact assessments and the resulting decisions involve full consideration of archaeological sites and their settings”.
However, even our own local documents recognise the value and importance of sites of cultural and archaeological heritage exactly like Knock Iveagh. The Armagh City, Banbridge and Craigavon Development Plan 2015, for example, states that our “archaeological heritage is finite and vulnerable and it is important that it be cherished and protected for future generations to enjoy as we do.”
Attempting to project split in this way in not only unlawful, but the consequence of doing so is that our unique and irreplaceable heritage is damaged through weak administration and a lack of joined-up thinking.
Exciting New Discoveries
Knock Iveagh is drawing increasing amounts of attention from the wider archaeological community [further information removed, some pending publication]
Tourism Potential
We believe that Knock Iveagh contains enormous tourism potential which would provide significant benefits to the whole region. [section removed - see above]
Conclusions
There is compelling evidence for the cultural significance of Knock Iveagh, and while this is exciting for us as local people, these discoveries also highlight the devastating impact of the recent construction work.
Knock Iveagh has now been shown to be a site not just of local significance, but of national importance and, as such, there is a moral as well as a legal duty to protect it for future generations.
We ask you as an elected representative of the people in the ABC Council district to consider Knock Iveagh as our shared heritage, with importance that goes beyond electoral constituencies. We believe there is enormous tourism potential here which would provide significant benefits to the whole region.
We are determined to tell the story of Knock Iveagh. We do not believe it is too late and we are committed to doing everything within our power to ensure that lawful processes are now followed.
We urge you:
Yours sincerely,
The Friends of Knock Iveagh'
FYI: The Friends of Knock Iveagh believe that in addition to the above, European Treaties and Conventions which have been breached at Knock Iveagh include:
Environmental Impact Assessment Directive (see above info re. project splitting)
The Valetta Treaty (to do with archaeological consultation)
The Aarhaus Convention (in respect of public engagement and access to justice)
European Landscape Convention (in particular re. protecting culturally significant landscapes)
Below is an excerpt from a letter sent by the Friends of Knock Iveagh to Councillors & Aldermen from ABC Council in February 2018 which attempts to explain some key legal points FYI:
'Over the past two months the public have observed extensive heavy construction work taking place at Knock Iveagh in spite of the numerous problems with the development (we understand that there are currently four live enforcement investigations taking place, and yet no enforcement notice or stop notice have been served).
With this in mind, we invite you to take a few moments to read the following information relating to the Council’s responsibilities in discharging its planning duties. We are also excited to share some recent new discoveries about the site.
Legal Responsibilities
The Planning Department has broken the whole development into smaller parts and is dealing with each one separately. This is known as “project splitting”and is unlawful under both UK and European law.
The Planning (Environmental Impact Assessment) Regulations (Northern Ireland), which are supported and clarified by European case law strongly indicate that an Environmental Impact Assessment (EIA) should have been done on the development on account of it being a wind turbine greater than 15m tall in a landscape of historical, cultural and archaeological signficance. The law dictates that all associated works which are part of a wider wind turbine project must be included as part of a ‘whole project’ Environmental Impact Assessment. It requires that electrical work whose purpose is to facilitate the operation of a wind turbine must be evaluated under a ‘whole project’ principle and cannot be separated.
The Planning (General Permitted Development) Order (Northern Ireland) 2015 is also very clear that in cases where the work forms part of “EIA Development” (i.e. development which requires an EIA), permitted development rights do not apply.
We believe that ABC Planning Department has acted unlawfully by breaking the whole development down into smaller parts and dealing with each one separately, including by wrongly waving through some elements as permitted development. Failure to comply with EIA regulations is a matter which is taken seriously by the courts. The fact that works have reached such an advanced stage has no bearing on the requirement to do an EIA, or on the fact that the Council is subject to a duty to nullify the consequences of a breach of European law.
Based on our understanding of the situation, the most straightforward and effective way for ABC Council to nullify the consequences of this breach of European and UK law is to immediately discontinue all Planning Permissions on the site.
Our public bodies have been entrusted with the guardianship of our heritage on behalf of us all, and we would like you, as our elected representatives, to ensure that the Council operates both within the spirit as well as the letter of these laws. The legally binding European-wide Valletta Treaty requires us to“protect the archaeological heritage as a source of the European collective memory and as an instrument for historical and scientific study.” Article 5 includes a requirement “to ensure that environmental impact assessments and the resulting decisions involve full consideration of archaeological sites and their settings”.
However, even our own local documents recognise the value and importance of sites of cultural and archaeological heritage exactly like Knock Iveagh. The Armagh City, Banbridge and Craigavon Development Plan 2015, for example, states that our “archaeological heritage is finite and vulnerable and it is important that it be cherished and protected for future generations to enjoy as we do.”
Attempting to project split in this way in not only unlawful, but the consequence of doing so is that our unique and irreplaceable heritage is damaged through weak administration and a lack of joined-up thinking.
Exciting New Discoveries
Knock Iveagh is drawing increasing amounts of attention from the wider archaeological community [further information removed, some pending publication]
Tourism Potential
We believe that Knock Iveagh contains enormous tourism potential which would provide significant benefits to the whole region. [section removed - see above]
Conclusions
There is compelling evidence for the cultural significance of Knock Iveagh, and while this is exciting for us as local people, these discoveries also highlight the devastating impact of the recent construction work.
Knock Iveagh has now been shown to be a site not just of local significance, but of national importance and, as such, there is a moral as well as a legal duty to protect it for future generations.
We ask you as an elected representative of the people in the ABC Council district to consider Knock Iveagh as our shared heritage, with importance that goes beyond electoral constituencies. We believe there is enormous tourism potential here which would provide significant benefits to the whole region.
We are determined to tell the story of Knock Iveagh. We do not believe it is too late and we are committed to doing everything within our power to ensure that lawful processes are now followed.
We urge you:
- To insist that urgent action is taken to stop all further work at Knock Iveagh
- To ensure that the spirit and the letter of our laws, treaties and local planning policies are upheld
- To put an end to ‘project splitting’ in this development; and
- To vote to discontinue all Planning Permissions on Knock Iveagh
Yours sincerely,
The Friends of Knock Iveagh'
FYI: The Friends of Knock Iveagh believe that in addition to the above, European Treaties and Conventions which have been breached at Knock Iveagh include:
Environmental Impact Assessment Directive (see above info re. project splitting)
The Valetta Treaty (to do with archaeological consultation)
The Aarhaus Convention (in respect of public engagement and access to justice)
European Landscape Convention (in particular re. protecting culturally significant landscapes)
Public consultation is now LIVE in relation to a retrospective application for road extension which is part of the turbine development at Knock Iveagh. We are now asking our supporters to take action, and contact ABC Council Planners in respect of this development. It is essential that planners and ABC Council face up to their obligations, not only in regards to their own plans and policies, but also in respect of European & NI Environmental Legislation.
This blog attempts to explain some of the major problems associated with the road, and the development of which it is a key part. It is designed to help you understand and respond to the ongoing development at Knock Iveagh.
It is not necessary to include all the information below with your objection to the road, but the sections in bold italics may be copied and pasted to save you time! Objections carry significantly more weight if you add in some of your own thoughts, but 'I don't like it' won't cut much ice, so specific legislative and policy-based reasons for refusing this road application are given below! It is actually vital that you add in your own comments, so that the Council will treat it as an individual response.
Please feel free to copy in ABC councillors, and other elected representatives into your emails so they also know how you feel.
It is not necessary to include all the information below with your objection to the road, but the sections in bold italics may be copied and pasted to save you time! Objections carry significantly more weight if you add in some of your own thoughts, but 'I don't like it' won't cut much ice, so specific legislative and policy-based reasons for refusing this road application are given below! It is actually vital that you add in your own comments, so that the Council will treat it as an individual response.
Please feel free to copy in ABC councillors, and other elected representatives into your emails so they also know how you feel.
To make it easier to respond, a letter template is added here >>> in Word.doc format. Please copy and paste and add your own comments. The email addresses for councillors who are NOT on the ABC Planning Committee are included in the template*. * This is because we are not allowed to lobby members of the planning committee. |
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itThank you for taking the time to do this!
The application number is LA08/2017/1734/F and objections can be sent via the NI Planning portal, and also directly to [email protected]
A full list of councillors, with whom this decision on revocation ultimately rests at present, is here:
https://www.armaghbanbridgecraigavon.gov.uk/team-showcase/councillors/
This road (and other key works directly related to the wind turbine development)
[INFO: extensive 'earthing' trenching, electricity cabinets which themselves create a 'moderate to major impact' on the setting of the monument, earthworks, cabling, different model of wind turbine!] was not specified in the original application. This contravenes European Environmental legislation. More information on how this legislation relates to wind turbine development can be found here and also below.
a) the wind turbine associated with this retrospective road application exceeds 15m in height & is located in an area of archaeological/ cultural importance, therefore we believe an EIA should have been required. See: Planning Regulations Northern Ireland (2017), Schedule 2: section 2, subsection 3 'Energy Industry' and Schedule 3: section 2 'Location of Development': c:viii
b) The cumulative impact of the whole development at Knock Iveagh has never been assessed under Annex II of EU Directive 2014/52/EU on Environmental Impact Screening.
INFO: The development has been allowed to be split into five distinct applications, of which this road is one. Three of these elements are subject to enforcement cases at present. Splitting large developments such as this one into smaller component parts avoids looking at the larger environmental impact, and this is why this environmental legislation exists (Directive 2014/52/EU). The legal status of the earthing trenching has not yet been confirmed, yet the developer continues to dig extensively.
Annex II of the European Environmental Directive 'on the assessment of the effects of certain public and private projects on the environment' requires environmental screening of applications to be undertaken based on information provided by the developer before works commence:
'including in particular:
(a) a description of the physical characteristics of the whole project and, where relevant, of demolition works;
(b) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected'
The application number is LA08/2017/1734/F and objections can be sent via the NI Planning portal, and also directly to [email protected]
A full list of councillors, with whom this decision on revocation ultimately rests at present, is here:
https://www.armaghbanbridgecraigavon.gov.uk/team-showcase/councillors/
- The road is an extension of a pre-existing road which doesn't have planning permission, and which entered a scheduled area without receiving prior Scheduled Monument Consent. Works which affect a scheduled area cannot retrospectively obtain planning permission. INFO: It is possible to view this incursion marked on the historic environment map viewer. Information re. Scheduled Monuments consent can be found here: https://www.communities-ni.gov.uk/articles/scheduled-monuments
- The application for this road extension is an integral part of a wider wind-turbine development, however, planners appear to be engaging in 'project splitting' by allowing a separate application for the road. The Planning (Environmental Impact Assessment) Regulations N(I) 2017 states that: ‘A council, the Department or the Commission shall not grant planning permission or subsequent consent for EIA development unless an environmental impact assessment has been carried out in respect of that development’. We believe a full Environmental Impact Assessment should now be required in respect of all the works at Knock Iveagh.
This road (and other key works directly related to the wind turbine development)
[INFO: extensive 'earthing' trenching, electricity cabinets which themselves create a 'moderate to major impact' on the setting of the monument, earthworks, cabling, different model of wind turbine!] was not specified in the original application. This contravenes European Environmental legislation. More information on how this legislation relates to wind turbine development can be found here and also below.
- This road also contravenes policy PPS6: BH1 on the Preservation of Archaeological Remains of Regional Importance and their settings. The road itself creates a visual scar on the landscape setting of the monument and is part of a larger wind turbine development which the Historic Environment Division has stated has had an 'indisputable and significant impact on the setting of the scheduled monument'. Archaeologists from Historic Environment Division, a statutory consultee, were never consulted about the turbine.
- This development also contravenes policy PPS6: BH2 on the Protection of Archaeological Remains of Local Importance and their Settings. The archaeological, cultural and historical significance of Knock Iveagh and its surrounding landscape far outweigh the value of this access track and the turbine proposal as a whole.
- This retrospective application for a road to facilitate a wind turbine contravenes PPS6: BH3: Archaeological Assessment and Evaluation. At no point has the applicant provided any archaeological assessment or evaluation despite the development being within 200m of a scheduled monument, and within an area with the potential to hold as yet unknown sub-surface remains.
- This retrospective application is contrary to policy PPS2: NH5: Habits Species or Features of Natural Heritage Importance. Knock Iveagh is known to be habitat for two protected species, Red Kites, and Badgers. Both have been in evidence there during recent weeks and months. It is a matter of great concern that DAERA NIEA were not consulted fully regarding the ongoing developments at Knock Iveagh, and in particular in relation to the extensive earthing trenching for the turbine for which no plans were ever submitted.
- This application also runs contrary to the Banbridge, Newry and Mourne Area Plan (strategy & framework 2015), specifically in regards to commitments to protect the settings of monuments.
'The Plan Area contains a range of important archaeological sites, many of which are scheduled under the provisions of the Historic Monuments and Archaeological Objects (NI) Order 1995 and some are presently in the care of the Department. The interrelationship between the surrounding landscape and upstanding remains often heightens the appreciation of an archaeological site. The preservation of such sites and their settings is of the highest priority.'
As already noted, this road extension will leave a scar on the hillside, and contributes significantly to the damage already done to Knock Iveagh, which is the setting for a scheduled monument. Therefore in order to demonstrate its serious commitment to the Council's Area Plan, ABC council should refuse planning permission on this point alone.
- An Environmental Impact Assessment has never been carried out for any of the works at Knock Iveagh. In addition to the need for an EIA in respect of the road, a full Environmental Impact Assessment is also now necessary for the following reasons (not exhaustive):
a) the wind turbine associated with this retrospective road application exceeds 15m in height & is located in an area of archaeological/ cultural importance, therefore we believe an EIA should have been required. See: Planning Regulations Northern Ireland (2017), Schedule 2: section 2, subsection 3 'Energy Industry' and Schedule 3: section 2 'Location of Development': c:viii
b) The cumulative impact of the whole development at Knock Iveagh has never been assessed under Annex II of EU Directive 2014/52/EU on Environmental Impact Screening.
INFO: The development has been allowed to be split into five distinct applications, of which this road is one. Three of these elements are subject to enforcement cases at present. Splitting large developments such as this one into smaller component parts avoids looking at the larger environmental impact, and this is why this environmental legislation exists (Directive 2014/52/EU). The legal status of the earthing trenching has not yet been confirmed, yet the developer continues to dig extensively.
Annex II of the European Environmental Directive 'on the assessment of the effects of certain public and private projects on the environment' requires environmental screening of applications to be undertaken based on information provided by the developer before works commence:
'including in particular:
(a) a description of the physical characteristics of the whole project and, where relevant, of demolition works;
(b) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected'
c) The impact of this development on a landscape of cultural and archaeological significance has never been considered. This is also necessary under EU 2014/52EU point 16. There have been numerous opportunities where we believe an EIA determination should have been carried out by planners. This includes: at the time of the original turbine application, at the time of the cabling application, and at the beginning of each of the subsequent planning enforcement cases (including the enforcement case relating to the differing model of wind turbine). This is required under the Planning (Environmental Impact Assessment) Regulations (NI) 2017, Section 34. It is not apparent, based on the publicly available information, that any such screening has taken place.
This new retrospective road application should now trigger a full EIA under section 33 of these Regulations, in order to assess the cumulative impact of all development at Knock Iveagh, to comply with EU environmental legislation designed to protect and promote cultural heritage, and to avoid 'job splitting'. Knock Iveagh is clearly an area of archaeological and cultural importance as the setting for ritual and burials extending over a millennia. There is no doubt that the visual impact of this entire development on the historic hillside of Knock Iveagh has been significant. Knock Iveagh is also a unique piece of our ancient and indigenous cultural heritage, and a place which was considered of great importance over thousands of years. As such it warrants the fullest protection under this legislation. Knock Iveagh has been a centre of important human activity, including ritual use, for millennia. It has also been a place of recreation, inspiration and a valued local landmark for generations. The failure of planners and others to recognise the importance of this site has resulted in a significant loss to the public. The potential of Knock Iveagh in relation to culture, recreation and tourism with local, national and international appeal has never been assessed. For more information on European Landscape policies, please see here.
This new retrospective road application should now trigger a full EIA under section 33 of these Regulations, in order to assess the cumulative impact of all development at Knock Iveagh, to comply with EU environmental legislation designed to protect and promote cultural heritage, and to avoid 'job splitting'. Knock Iveagh is clearly an area of archaeological and cultural importance as the setting for ritual and burials extending over a millennia. There is no doubt that the visual impact of this entire development on the historic hillside of Knock Iveagh has been significant. Knock Iveagh is also a unique piece of our ancient and indigenous cultural heritage, and a place which was considered of great importance over thousands of years. As such it warrants the fullest protection under this legislation. Knock Iveagh has been a centre of important human activity, including ritual use, for millennia. It has also been a place of recreation, inspiration and a valued local landmark for generations. The failure of planners and others to recognise the importance of this site has resulted in a significant loss to the public. The potential of Knock Iveagh in relation to culture, recreation and tourism with local, national and international appeal has never been assessed. For more information on European Landscape policies, please see here.
'For the protection and promotion of cultural heritage comprising urban historical sites and landscapes, which are an integral part of the cultural diversity [...] it is important to address the visual impact of projects, namely the change in the appearance or view of the built or natural landscape and urban areas, in environmental impact assessments'
- Directive 2011/92/EU
ABC Council planners appear not to have taken any of this European legislation into consideration despite the cultural and archaeological importance of Knock Iveagh.
This is a time of great risk for Northern Ireland's heritage, not just at Knock Iveagh, but elsewhere too. Never before in our history have our historic landscapes and heritage sites been in such danger. Let's make this a line in the sand....
No to any further destruction of our irreplaceable heritage!
No to any further destruction of our irreplaceable heritage!
Author
The Friends of Knock Iveagh
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