§ Lord Moranasked Her Majesty's Government:
What action they have taken to ensure that the operations of the Culmore waste landfill site are in keeping with the designation of Lough Foyle as a Special Protection Area (SPA) under the European Union Birds Directive; and what action has been or will be taken to remove the recently constructed bunding in the inter-tidal area which forms part of the SPA adjacent to the Culmore landfill site in view of the importance of this area for birds. [HL1447]
§ The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Dubs)Responsibility for the subject in question has been delegated to the Environment and Heritage Service under its Chief Executive, Mr. Robert C. Martin. His reply is given below.
Letter to Lord Moran from the Chief Executive of the Environment and Heritage Service, Mr. Robert C. Martin, dated 18 March 1999.
As Chief Executive of the Environment and Heritage Service (EHS) I am responsible for the operational aspects of nature conservation and environmental protection including statutory responsibilities under the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995. I have been asked to take the lead in providing a reply.
Following a number of meetings between officials from the Department and Deny City Council, the Council agreed to forego its planning consent to extend its landfill site at Culmore on to mudflats that are within the Lough Foyle Area of Special Scientific Interest and are now also included in the area classified as a Special Protection Area.
By agreeing new profiles for existing landfilled areas it has been possible to offset the capacity that would be lost to the Council as a consequence of it ceasing to tip on the mudflats. The Council has agreed to this reconfiguration of the landfill site which ensures a facility for its domestic refuse while it reviews its long-term waste management strategy.
In due course EHS will explore with the Council the possibility of removing the bunds which are no longer required from the mudflats as part of the landfill site's closure plan. The Department is of the view that it does not have the authority to insist that the Council removes the bunds as they were constructed under a valid planning consent before the area became a European site under the meaning given in the Conservation Regulations.