THE Chief Commissioner for the Planning Appeals Commission is to taken to the High Court by the Canadian company proposing to build a goldmine in Greencastle over scheduling issues.
A public inquiry into the £350 million development is currently taking place at the Strule Arts Centre in Omagh, but key submissions over the potential impact of the facility are now in doubt after a dramatic afternoon.
Legal representatives for Dalradian Gold Limited are to to seek the Judicial Review of the decision by the Chief Commissioner, Andrea Kells, to order that evidence in relation to the impact of the proposed mine on the local landscape take place on the week beginning May 26.
Short notice
They say that the short notice provided for this means that they will be unable to call on expert witnesses.
One is caring for a terminally ill relative who is now in palliative care, while a second also has other family commitments.
Stewart Beattie, KC, acting for the company, added that he hoped the inquiry would be able to continue next week, when roads issues in relation to the development are due to be discussed.
Conor Fegan, barrister for Fermanagh and Omagh District Council, said that they would be joining in the challenge.
He described the situation now facing the public inquiry – which is in its fourth week – as ‘highly regrettable.’
“There is now an opportunity for a period of sober reflection on the part of the Chief Commissioner. It is in no-one’s interests for this to be happening in the middle of a public inquiry and I would urge them (the Chief Commissioner) to reconsider their position,” Mr Fegan added.
Constant
The issue of timetabling has been a constant one since the Public Inquiry reconvened last month.
Third-party objectors have expressed concern about the length of time that the hearings are taking, and the fact that they are required to take annual leave to be able to participate.
Just before the inquiry resumed in April, third party objectors had sought clarity through a Judicial Review on the issue of timetabling and whether there was flexibility.
Objector Martin Treacy said that the responsibility for the current difficulties rested squarely with the Chief Commissioner.
Mr Treacy called for the suspension of the inquiry to allow for the issues to be resolved.
Another objector, Pat Haughey, who has previously been among those who have highlighted concerns over their future participation in the inquiry, said they had consistently stated their inability to attend due to issues with annual leave.
Rescheduled
He said that some of the topics being rescheduled were among the most important to them and that the new dates were proving ‘wholly detrimental’ to their human right to take part fully.
Third party objectors, including Save Our Sperrins, have said they intend to be interested parties in the challenge.
Both the Northern Ireland Environment Agency and the Department for Infrastructure are also to be interested parties.
Referring to plans to hold hearings on the first week in August, a barrister for the DFI said that public service and fairness would be better served by a properly restructured timetable rather than an ‘ad-hoc decision’ handed down by the Chief Commissioner.
He added that they had no power to influence the Chief Commissioner as they had instructed the PAC to carry out the inquiry and were required to ultimately make a decision based on the recommendations made at its conclusion.