Moyle DC and NIEA Response to Heritage Vandalism in Moyle

NALIL blog 28 September 2009 - 'Marconi Cottage' Gaffe? 29 September update - fencing begun: "I'm told that the details of this story were raised at Monday night's meeting of Moyle District Council and that a council official has been delegated to make further inquiries." 1 October update - deed map labelled with PUBLIC ROAD 4 October update - photos of dumper tracks to foreshore and some shore pebbles on footpath by-pass NALIL 28 October - old cottage reduced to rubble NALIL 18 March 2010 - Public Road Blocked; Boulders Removed from Foreshore - with photos "A substantial gate and posts with a degree of permanence now block the public road about forty metres from the new house." "These works were reported through the Heritage Trust to NIEA on Tuesday 16th March. This site is in the Ballycastle Coalfields ASSI and I understand that NIEA were out on the site the same day and that this is now an ongoing investigation. .. Moyle DC" 22 March update - "We have been in contact with DRD Roads Service about the gate and it is our understanding that this section of the road is to be closed off only during the construction period, with alternative access for walking to Fairhead being provided by the contractor. There is no intention to abandon this part of the road and once the construction is complete the Road will be reopened. .. Moyle DC" NALIL 30 November 2010 - A Very Curious Business "The photo shows that the road has been blocked off at the edge of the garden wall with a landscaped embankment." "Where were the guardians of this Area of Special Scientific Interest whilst the above works were in progress?" 3 December update: "Moyle Council has just forwarded an NIEA response to the alterations: This office has never received a consent application for this, although planning permission was granted for the redevelopment of the house at 40 Carrickmore Road in 2008 ( Planning Ref: 2006/0256/F ). The house itself is outside Ballycastle Coalfields ASSI, although the designation surrounds it. The response makes no mention of the action NIEA intends to take with regard to this and related matters, some of which have been recorded in NALIL blog and other places. --------------------------------------------------------------------------------------------From: Nevin Taggart Sent: 02 December 2010 14:14 To: Richard Lewis Cc: Cllr Price McConaghy; Cllr Madeline Black; Cllr Cara McShane; Graham Seymour Subject: Re: Moyle Council - agendas and minutes Richard, NALIL blog is open to all so please point Roads Service and the Northern Ireland Environmental Agency in its direction. I'm told that landscaping in an ASSI requires prior permission. ------------------------------------------------------------------------------------------From: Richard Lewis Sent: 02 December 2010 17:07 To: Michael McConaghy Subject: FW: Moyle Council - agendas and minutes Michael Can you check with NIEA re the landscaping referred to (ie being in a ASSI) Richard

Moyle DC and NIEA Response to Heritage Vandalism in Moyle
Michael McConaghy 03/12/2010 to CDP, Richard, me Dear Sir Moyle District Council has received a complaint that the developer of 40 Carrickmore Road, Ballycastle has carried out landscaping works within the Ballycastle Coalfield ASSI. Can you confirm if CDP has granted permission under Article 32 of the Environment (Northern Ireland) Order 2002 which provides that the owner or occupier of any land included in an ASSI should not carry out, or cause or permit to be carried out, on that land any operation or activity specified in the declaration unless notice has been given to the Department. This notice must specify the nature of the operation or activity, and clearly identify the land on which it is proposed to carry these out. The proposed operation or activity should not be carried out unless the Department has consented to it in writing, or it is carried out in accordance with a management agreement with the Department under Article 34 of the Order. Regards Michael ---------------------------------------------------------------------------From: CDP [mailto:CDP@doeni.gov.uk] Sent: 03 December 2010 10:37 To: Michael McConaghy Cc: Bell, Turlough; McAnulty, Paul Subject: RE: BALLYCASTLE COALFIELD ASSI Thank you for your email which I have passed to colleagues for response. ---------------------------------------------------------------------------From: Bell, Turlough Sent: 03 December 2010 11:14 To: Michael McConaghy Subject: FW: BALLYCASTLE COALFIELD ASSI Michael This office has never received a consent application for this, although planning permission was granted for the redevelopment of the house at 40 Carrickmore Road in 2008 ( Planning Ref: 2006/0256/F ). The house itself is outside Ballycastle Coalfields ASSI, although the designation surrounds it. Regards Turlough Bell CDP --------------------------------------------------------------------------Michael McConaghy 03/12/2010 to me, Richard FOR INFORMATION Michael McConaghy Countryside Recreation Office -----------------------------------------------------------------------------

Moyle DC and NIEA Response to Heritage Vandalism in Moyle
NALIL 18 December 2010 - Celebrating Ballycastle's Industrial Heritage - old postcard shows road continuing well past the cottage "Perhaps it's time Moyle District Council and the Northern Ireland Environment Agency reviewed the status of this old road in the Ballycastle Coalfields Area of Special Scientific Interest. It's a very popular route for walkers and the saltworks might well feature in the proposed Atlantic Salt Trail. NIEA: Our aim is to protect, conserve and promote the natural environment and built heritage for the benefit of present and future generations. Our vision is that we will have a healthy and well protected environment and heritage in Northern Ireland which contributes to the social and economic well-being of the whole community. 27 December - Email + NALIL link to Turlough Bell, NIEA "Turlough, Has CDP taken any action against those who've recently created an obstruction* on Carrickmore Road, Ballycastle, adjacent to the redevelopment at No 40? Regards Nevin" * Landscaped embankment at end of road. --------------------------------------------------------------------Small, Christine 11 Jan to me Mr Taggart Your email dated 27 December 2010 to my colleague Turlough Bell refers. I can inform you that planning permission was granted for the development of the dwelling at 40 Carrickmore Road, Ballycastle. Some landscaping works associated with the development did encroach into Ballycastle Coalfield ASSI. I must inform you that any landowner/occupier carrying out operations within the boundary of an ASSI must be aware of the ASSI designation** for a breach under the Environment Order to have occurred and that the action taken had intentionally or recklessly destroyed or damaged the special scientific features of the site. You may wish to know that Land Registry records indicate a change in ownership which is currently being addressed. I trust you find this information of assistance. Regards Christine Small Conservation, Designations and Protection Compliance Unit * Danny McGill gave Alan Fraser, the owner, a detailed briefing about the history of the site in the autumn of 2009, including the ASSI designation, prior to the demolition of the cottage.

Moyle DC and NIEA Response to Heritage Vandalism in Moyle

From: Michael McConaghy Sent: 03 August 2011 09:03 To: CDPCompliance Subject: FW: Emailing: Marconi's Cottage 001, Marconi's Cottage 002, Marconi's Cottage 003 Importance: High Dear Sir Council has received a complaint that builders materials which have been dumped have been exposed following a landslip*** adjacent to 40 Carrickmore Road, Ballycastle which is within the Ballycastle Coalfield ASSI. I have attached photographs*** for your information and look forward to your comments. Regards Michael *** Refers to foreshore. Hillside? -------------------------------------------------------------------------------------------------From: CDPCompliance [mailto:CDPCompliance@doeni.gov.uk] Sent: 10 August 2011 10:33 To: Michael McConaghy Subject: RE: Emailing: Marconi's Cottage 001, Marconi's Cottage 002, Marconi's Cottage 003

Michael Our scientific staff visited the site on 3/8/11. They noted a small area of erosion*** which has exposed some concrete and a pipe. There has been no impact on the geological features of Ballycastle Coalfield ASSI. There is no evidence of a breach of the Environment Order and NIEA can take no further action in this instance. Further to our email to you on 10/1/11 the current landowner has now been formally notified of the ASSI designation. There has been no further reports of damaging activity since then. David *** Foreshore. Hillside?

10 October 2011 Dear Mr Taggart Thank you for your email of 28 September 2011 to the Minister of the Environment regarding the dumping of building materials, including asbestos, on the foreshore and on the hillside adjacent to 40 Carriekmore Road, Ballycastle. Your correspondence has been passed to the Northern Ireland Environment Agency (NIEA) to reply.

Moyle DC and NIEA Response to Heritage Vandalism in Moyle
NIEA officials have previously carried out an investigation of dumping in this area and it was determined that the material referred to did not have a significant impact on the site selection features of Ballycastle Coalfield Area of Special Scientific Interest (ASSI). In our endeavours to address the dumping issue the current landowner was asked to re-profile the slope and this was carried out to the satisfaction of NIEA. With regard to the particular issue of asbestos this was referred to NIEA's Environmental Crime unit for investigation and they have advised that they found no evidence that asbestos was buried or deposited. NIEA does not intend to take any further action in relation to the above matters. NIEA is content that it has complied fully with its obligation under the Environment (Northern Ireland) Order 2002, mid that it's assessment of the alleged breaches have been conducted in line with NllvVs Compliance Policy and Genera! Guidance for Protection of ASSI's. You mention in your email that you did not receive a response to an earlier email dated 18 August 2011 that was received by CDP Compliance on 20 August 2011. I would like in apologise for NIEA's failure to acknowledge your correspondence. -------------------------------------------------------------------------------------------

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