This article is from page 4 of the 2013-02-05 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
HUNDREDS of Clare people living in rural areas have paid out up to € 1,000 for percolation tests that they didn’t need, according to a North Clare civil engineer.
Kilfenora engineer Michael Duffy has succeeded in a judicial review against the panel system operated by Sligo County Council and 14 other local authorities in Ireland, including Clare.
As part of the review, which was heard before Justice Paul Cooke on January 21 last, Mr Duffy argued that the panel system was an illegal system while also arguing that there was no requirement under planning law for a percolation test to be carried out as part of the planning process.
Since 2004, Clare County Council has operated a panel system which requires members of the public to pay between € 600 and € 1,000 for a percolation test to be carried out by an engineer on a panel chosen by the local authority itself.
“Waste water treatment is a very important issue for everybody. I think that now [following the judgement] it is up to the Minister for the Environment to state in the planning acts and the associated legislation what the requirement is regarding who can carry out this type of work,” said Mr Duffy.
“Regarding the need for the tests in the first place, I said to the judge that all that was required under the legislation is a soil sample and a plan – so if someone presents themselves at Clare County Council with a brochure and a bucket of dirt, that is all that is needed to meet the legal criteria.
“All engineers have professional indemnity insurance. If a professional engineer certifies that he or she has assessed the site and has come up with a system where the waste water can be treated according to the regulation then that should be enough for any planning authority.
“If it turns out that that system has not been installed correctly then that engineer’s insurance should cover the situation. Then a system would develop where people could choose the best engineers and avoid the worst one, in the same way that they would while choosing a garage for their car.”
While this judgement refers specifically to Sligo County Council, it is also expected to have repercussions on the panel system in all local authorities who use it. Mr Duffy has written to the Minister for the Environment, Phil Hogan (FG), informing him of the judgement and its possible implications.
A spokesperson from Clare County Council told The Clare People yesterday that they are waiting for direction from the Department of the Environment and cannot comment on the implications of the judgement at this time.
“The Council has become aware of this case in recent days and that a judgement has recently been given by the High Court. The judgement applies to Sligo County Council. We understand that Sligo County Council is referring the judgement for consideration at national level,” said the spokesperson.
“Clare County Council along with all other local authorities await the outcomes in this regard which will apply to all local authorities. We are also awaiting a copy of the actual judgement to see what matters have been dealt with and to ascertain. Any appropriate advice will also be obtained from the County Solicitor as the need arises.”