A public inquiry into a controversial application for a gold mine in Co Tyrone has been suspended due to a lack of proper consultation with the Irish Government and people living in Co Donegal before the hearings began.
The suspension came after the department of infrastructure at Stormont, which ordered the inquiry, admitted that it had breached its own legal obligations for dealing with cross-border issues.
American owned mining company Dalradian is seeking planning permission for a large underground mine 19km from Omagh in the heart of the Sperrin Mountains.
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Campaigners opposed to the plan claim it would have devastating environmental consequences, an assertion the company strongly rejects.
Legal teams for the company, a number of local councils, Stormont departments and a range of groups opposed to the mine plan arrived at the Strule Arts Centre in Omagh for the start of what was supposed to be the third day of 21 days of hearings.
The hearing today dealt with "transboundary" issues and the possible impact the goldmine could have on cross-border waterways, the River Finn which runs along the borders of Tyrone and Donegal, and the River Foyle in Derry.
Environmental campaigners from Donegal told the inquiry they had not been given sufficient information or time to engage in a consultation process.
"If I go to a shop to buy a cake I don't buy it in slices," said Gerard Moyne of Defending Environmental Wealth.
"The issue has to be looked at holistically, in its totality."
The inquiry was told that Stormont’s department for infrastructure accepted that it had failed to notify the Irish Government about the planning application and inquiry, and to give Donegal County Council sufficient notice and information to conduct an adequate public consultation.
The department previously told the inquiry that Donegal County Council was to blame for the lack of proper consultation because of "inadequate internal procedures."
"The view of the department is that it should formally notify and consult the Dublin Government and re-consult Donegal County Council," said barrister David Elvin for Stormont’s Department for Infrastructure.
He initially argued that it would not be necessary to suspend the inquiry for that consultation to take place, urging the chairperson "not to throw the baby out with the bath water."
But Mr Elvin later agreed that it would not be fair to ask for the inquiry to continue until outstanding issues had been resolved.
Mary Brolly, a solicitor for campaign group Save Our Sperrins, told the inquiry it would be "contrary to legislation and the interests of natural justice" if the inquiry was to proceed.
Announcing the decision to suspend the inquiry chairperson of the Planning Appeals Commission Jacqueline McParland said it was "deeply regrettable" that the panel had been put in this position by the inaction of Stormont departments, and their failure to follow their own legislative procedures.
The inquiry was suspended until at least 26 March when a review hearing will be held if the commission has sufficient information on transboundary issues.
