Peter Sweetman and an environmental protection company claim the project will result in irreversible destruction of a woodland habitat

In proceedings against An Bord Pleanála and the State, the applicants claim the planning board failed to adequately assess whether the site was a priority natural habitat as defined by the European habitats directive

Permission for construction of a bypass around the town of Killaloe is being challenged in the High Court.

The development, which includes a new bridge over the River Shannon, means loss of woodlands and species associated with that ecosystem, including otters, salmon, lamprey, swans, and kingfishers, it is claimed.

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Two men accused of illegally cutting turf in an EU–protected bog face trial in the circuit court after a district judge declined jurisdiction.
Agricultural contractor John O’Connor, 50, and his employee Christopher McCarthy, 26, both of Kilbaha, Moyvane, Co Kerry, appeared at Listowel District Court charged with illegally cutting turf at Moanveanlagh bog, near Listowel, on May 20 last year.

They are being supported by the Turf Cutters and Contractors Association (TCCA). Upwards of 80 protesters from Kerry, Clare, Kildare, Galway, and Roscommon gathered on the streets outside the courthouse holding placards.

State solicitor Edward O’Sullivan said the raised bog was in a special area of conservation (SAC) in which turf cutting was prohibited under the European Community’s Birds and Natural Habitats Regulations.

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The story of a bog, a community and a semi–state company offers timely lessons for all sides in the turf–cutting controversy

Not everyone is that enamoured with nature for its own sake. That is not a terrible fact; it is just a fact.

Some conflicts, it is good to remember, do get resolved. Early one morning in 2000, Bord na Móna workers tried to start cutting turf on Abbeyleix Bog, in Co Kildare. They were stopped by 50 angry local citizens – and the boom of a 25m crane.

We know today that Abbeyleix ( Killamuck) Bog is a jewel among our few remaining raised bogs, which are recognised by the EU as among the most important in Europe. Sadly, that only means that it is a bit less degraded than most of them.But even experts had given up on this bog at the time, and restoring its biodiversity was not the protesters’ main concern. Local turf–cutting rights were not an issue here either. Some protesters just did not want the dust, noise and traffic of industrial turf–cutting so close to home. 

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 Four men accused of cutting turf illegally have been sent forward for trial to the Circuit Criminal Court.The four, all from south Co Galway, appeared before Loughrea District Court yesterday where they were each served with a book of evidence over the alleged cutting of turf on protected raised bogs last summer.

Supporters including TDs Luke ‘Ming’ Flanagan and Labour chairman Colm Keaveney staged a protest outside the courthouse.

Sgt Daithi Cronin gave evidence of serving the book of evidence on Michael D’Arcy (43), Ballycahill, Killimor, Padraic Byrne (57), Main Street, Killimor, Pat McDonagh (43), Portumna, and Tony Porter (44), Woodford.

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An Taisce hails EU ruling on Galway bypass

A European Court of Justice ruling against a proposed Galway bypass has been described by An Taisce as “a huge leap forward for nature conservation, not only in Ireland but across the EU”.

In its judgment yesterday, the court ruled that permission may not be given for developments on priority conservation sites where there is a risk that it will bring about “the disappearance or the partial and irreparable destruction of the protected site”.

The 14–page judgment by the court ruled on three questions referred to it by the Supreme Court on the relationship between infrastructure applications and areas designated as environmentally–sensitive under the EU habitats directive. Planning application Galway West Fine Gael TD Sean Kyne has signalled that the planning authorities may make a new application for the outer bypass, citing overriding public interest.

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 Move follows complaint by wildlife group over Corrib exploration

“The costs of these baseline surveys will not affect company profits” – Irish Whale and Dolphin Group

The European Commission has asked the Government to explain why seismic surveying currently under way off the west coast is not subject to the requirements of EU directives on environmental impact.

It has also asked the State to explain what measures are being taken to monitor and to minimise the impact of seismic surveying on whales and dolphins.

Seismic surveys conducted to map the ocean floor use airguns, comprising long submersible cannons towed behind vessels that fire shots of compressed air into the water every few seconds. The pulses penetrate the sea floor and rebound, giving results which are analysed for geological content. Explosives have been used in the past.

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 Peatlands cover more than 16 per cent of land in the Republic, whether as raised bogs, blanket bogs or fens, and are our oldest natural–heritage feature, having been present since the last Ice Age.

Natural peatlands are exceptionally diverse, fragile and unique ecosystems supporting an incredible variety of rare and threatened species. Throughout the 20th century, policies affecting peatlands were largely determined by their economic value, particularly afforestation, land drainage for agriculture, and industrial– scale extraction of peat for electricity generation.

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 Defence solicitor says human rights and constitutional issues involved

Supporters of four men accused of illegally cutting turf on protected bogs have vowed to continue to stage protests outside court sittings. 

A crowd of about 350 demonstrated outside Loughrea District Court yesterday when the four men from south Co Galway made their first appearance in court. Michael D’Arcy (43) from Ballycahill, Killimor; Padraic Byrne (57) from Main Street, Killimor; Pat McDonagh (43) from Portumna; and Tony Parker (44) from Woodford all appeared before Judge Geoffrey Browne. 

They are the first to be summonsed since an EU habitats directive was transposed into Irish law over a year ago and imposed restrictions on turf–cutting at 53 bogs that are designated areas of special conservation. The men are being prosecuted under sections of the European Communities (Birds and Natural Habitats) Regulations 2011.

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New “Living City” tax incentives are to be provided for the refurbishment of Georgian houses.

The incentives, aimed at encouraging people to live and do business in city centres, are to be piloted in two of the country’s most deprived areas – Limerick and Waterford. 

Published yesterday as part of the 2013 Finance Bill, subject to EU approval, the scheme is designed to address urban regeneration. It will provide “modest” tax incentives for work to refurbish residential and retail buildings to bring them up to a habitable standard and will be targeted at owner occupiers rather than property developers. 

Pilot project The Department of Finance says the residential element of the pilot project is about generating interest in Georgian buildings “with a view to attracting greater residential occupancy and restoring these areas to some of their former glory”.

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AT LEAST four turf cutters and contractors alleged to have illegally harvested turf on protected bogs last summer are to face prosecution.

The charges follow investigations by gardai and rangers from the National Parks and Wildlife Service (NPWS), in charge of protecting Ireland’s natural habitats and wildlife.The European Commission warned last year it would impose fines of €25,000 a day if Ireland did not enforce the EU habitats directive, which bans cutting turf on raised bogs.

Despite this protection, turf was harvested on many raised bogs last year. In some cases, turf cutters used diggers and plant machinery, causing extensive damage.

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 County councillors in West Cork are to meet with Inland Fisheries Ireland officials shortly to outline concerns that legislation protecting fish is putting people’s lives at risk.

There were angry scenes at a council meeting in Clonakilty earlier this week when councillors discussed legislation which is restricting cleaning of rivers in flood prone areas. Cllr Noel O’Donovan (FG) said he had visited Rathbarry last week to see the aftermath of the latest flooding.

 “It’s making my blood boil. People are living in constant fear. They used to be able years ago to walk under the bridge. Now they can’t do so,” he said.

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 Two Waterford farmers have been prosecuted by Inland Fisheries Ireland (IFI) for removing gravel and boulders from the River Nier to use in building projects on their land.IFI began an investigation after it was observed that water in the main channel of the river was discoloured and opaque on Mar 24 last. 

Oliver O’Gorman from Ballymacarbry, Co Waterford, had removed gravel from the Nier for use in the construction of a roadway through his farm while Michael O’Gorman, of Glasha, Ballymacarbry, had removed boulders and rocks to use in bank protection works on his farm. 

Clonmel District Court was told this week that Michael O’Gorman had also dug out the bed of a tributary of the Nier, and that this tributary was an important salmon–producing water. IFI told the court that had the farmers contacted them about their plans, advice and guidance would have been provided and it would have been possible to undertake certain works under IFI supervision from July to September.

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The National Trust’s legal bid to block a £100m golf resort near the Giant’s Causeway amounts to a trade war by other means, the High Court has heard. Lawyers for the Runkerry project team claimed the charity’s opposition was based on commercial interests. The project includes a five–star, 120–bedroom hotel and 75 villas, built close to the World Heritage site. The trust wants a judicial review of the planning approval. On Friday, judgement was reserved.

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The High Court in Belfast has been told that Environment Minister Alex Attwood acted “unreasonably and irrationally” in granting planning approval for a £100m golf resort near the Giant’s Causeway. The National Trust is opposing the golf and hotel complex because of its proximity to the Causeway Stones which are a Unesco declared World Heritage site. A lawyer for the trust told the court the minister should have consulted Unesco before making his decision. In court on Wednesday, he said the minister had been improperly advised and accused him of second guessing Unesco. The court also heard that the conservation wing of the minister’s own department had consistently opposed the plan for the resort.

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The decision to allow a giant golf complex to be built close to Ulster’s only World Heritage Site comes under the spotlight on Wednesday. The High Court in Belfast will host a three–day hearing into Environment Minister Alex Attwood’s controversial move to grant planning permission for the Bushmills Dunes Golf Resort and Spa. The massive tourist development would stand at Runkerry, close to the Giant’s Causeway. The Department of the Environment (DoE) approved the plans last February. But the National Trust called for a judge to examine the decision amid claims the location is inappropriate for such a vast building project.

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Conflict is synonymous with the Giant’s Causeway. Children in Northern Ireland are weaned on the legend of how its rugged landscape was formed when the giant Finn MacCool confronted his Scottish rival, Fingal, by hurling rocks into the sea. A more prosaic, but no less violent, explanation for the causeway’s genesis attributes the creation of its 39,000 hexagonal, basalt stones to a series of volcanic eruptions 60m years ago. Now the causeway is at the centre of conflict again. The National Trust, one of the UK’s most formidable campaigning organisations, is seeking to thwart the development of a £100m golf course on the edge of the causeway, Northern Ireland’s only Unesco world heritage site.

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Conservation area may overlap location of seismic survey by Providence Resources

 Company will consider response when it establishes if plans will be affected

Providence Resources, the company prospecting for oil off Dalkey in Dublin Bay, yesterday said it had not been given advance information of a Government proposal to designate an area from Dalkey Island to north of Swords as a Marine Special Area of Conservation. 

Maps provided by the Department of Arts, Heritage and the Gaeltacht showing the location of six proposed marine special areas of conservation appeared to show an overlap between Providence Resources’s location for a seismic survey and an area called Dalkey Island to Rockabill, which is earmarked for special conservation. 

Designation as a special area of conservation (SAC), or even a candidate area, means development would be extremely problematic. 

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The proposed N6 Galway city outer bypass will almost certainly need to be rerouted following a legal opinion by a European Court advocate general that the current plan breaches the EU habitats directive. 

Advocate general Eleanor Sharpston found in favour of environmental activist Peter Sweetman, who claimed that a designated special area of conservation (SAC) near Lough Corrib would be adversely affected by the road. Mr Sweetman had challenged An Bord Pleanála’s decision to approve the scheme in November 2008, but lost in the High Court. 

He appealed to the Supreme Court, which then ref erred the matter to the European Court of Justice (ECJ). The Supreme Court sought the ECJ’s guidance on what criteria should be used to assess whether the plan would adversely affect the integrity of the SAC, and whether the precautionary principle would prohibit development in such circumstances. 

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DOZENS of gardai had to protect Taoiseach Enda Kenny from protesters last night after up to 200 surrounded him, heckling and attempting to jostle him.

The Taoiseach was officiating at the opening of Abbey Community Centre in Galway where hundreds of people who were protesting about the controversial turf–cutting ban gathered to confront him. 

The crowds blocked off the road to the centre, forcing the Taoiseach to get out of his car and walk with a garda escort.

Protesters shouted abuse, heckled and attempted to jostle Mr Kenny as he made his way into and out of the centre, forcing gardai to form a protective circle around him, keeping protesters at bay.

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The Environment Minister was introduced as “the invisible man” to 500 angry residents and farmers after he failed to appear at a public meeting. The SDLP’s Alex Attwood had been invited to talk about plans for a national park on the picturesque north Antrim coast. Mr Attwood said he was unable to attend the event having originally planned to do so due to “another important engagement”. However, Moyle Independent councillor Padraig McShane, who helped organise the event, said it had been arranged to cater for the minister’s diary.

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