A DATE has yet to be set for a Bord Pleanála oral hearing on a planned €10 million explosives plant on the Shannon estuary.
Opponents and supporters of the controversial scheme have been informed of the decision to hold the hearing in a letter sent by the appeals board.
Last March, Clare County Council granted planning permission to the Whelan Group-owned Shannon Explosives to construct the plant at Cahercon pier, Kildysart, on the northern shore of the estuary.
It was the latest move in Clare's longest running planning saga that started nine years ago when plans were first lodged.
A previous plan was rejected in 2003 by Bord Pleanála. The developers claim they have addressed the issue in the Environmental Impact Statement (EIS) that prompted the refusal.
Groups appealing the council's decision include Cairde Chill an Disirt Teo (CCDT), the Kildysart Explosives Opposition Group and An Taisce.
The Whelan Group has also appealed against conditions in the planning permission.
Bord Pleanála has asked all parties to comment on a fresh submission by CCDT where it is arguing that the board should allow the appeal on a number of grounds.
CCDT contend that the EIS is defective in several aspects and in particular doesn't deal with issues raised by a submission lodged by the Department of Fisheries.
The appellants point out that the department indicated that the portion of the proposed development at Cahercon is not within the ownership of the applicant and encroaches on the foreshore. They claim that a foreshore licence is therefore required.
CCDT contend that "contrary to what has been stated by Shannon Explosives, the foreshore licence must be obtained before any such works are carried out and, in general, the development must comply with the provisions of the departmental requirements".
CCDT point out: "It is plain, therefore, that the EIS as lodged, which denies that any part of the facility will be on the foreshore, is clearly incorrect and doesn't deal with the requirement to raise the level as required."
The appellants claim on all the foregoing grounds, the application must fail and even without the necessity of an oral hearing, the board should allow the appeals.
In response, Bord Pleanála has told all the parties that it is of the opinion that it is appropriate in the context of justice to make submissions on CCDT's new submission by August 26th.
A decision may be made on the application this year, but it is likely that it will not be until 2009 before a decision is made.
Clare County Council gave the proposed development the go-ahead, ruling that it would not seriously injure the amenities of the area and properties in the vicinity. The council said it would not be prejudicial to public health and would be acceptable in terms of traffic safety.
Without a sod being turned on the scheme, the Whelan Group has already spent almost €7 million on the project.
When operational, the plant will provide employment for about 35 people and contribute €3 million annually to the local economy through wages and outsourcing of services to local businesses.
