Under Section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. My Department has made enquiries of Kilkenny County Council in relation to this matter and the Council have indicated that the Kilkenny Central Access Scheme – which provides for a new bridge crossing over the River Nore in Kilkenny City along approximately 600 metres of associated roadway - was approved by An Bord Pleanála in December 2011.
The placement of stone in the River Nore to facilitate the construction works is provided for in An Bord Pleanála’s approval and in the Environmental Impact Statement (EIS) underpinning the Scheme. In this connection, the Council has advised that no unwashed limestone was placed in the River Nore as part of the works. All limestone used was washed twice before delivery to the works site.
The Council has further advised that all pre-works ecological reports made comment on the poor habitats and lack of aquatic life in the stretch of the River Nore where the Central Access Scheme works are being undertaken. These reports suggest that the relevant stretch of the River has been in a poor aquatic state for a number of years prior to the commencement of the works on the Central Access Scheme.
It is also understood that following a legal challenge, a High Court Order of 14 April 2015 determined that all works associated with the Kilkenny Central Access Scheme are compliant with the approval for the scheme. The October 2014 Aquatic Ecological Report referred to by the Deputy was taken into account in the determination of the High Court Order.
Furthermore, the Council has advised that all in-river works have been undertaken in consultation with and under the direction of Inland Fisheries Ireland - as provided for in the approved EIS – who have monitored the work regularly. These works are now almost complete and, in accordance with the approval for the scheme, an ecological assessment will be conducted post completion of the works, which will be made available in due course.
