
20 October-November 2024
adjacent to and in a location likely to impact on the Sheephaven
Special Area of Conservation Site. The Department are of the view
that this development: Could damage/destroy the habitats large
shallow inlets and bays, and mudflats and sandflates not covered
by seawater at low tide, both of which are habitats listed in Annex
I of the EU Habitats Directive (Council Directive 92/43/EEC on the
Conservation of natural habitats and of wild fauna and flora). The
potential impacts would be caused by the: Damage/Destruction
to adjacent habitats in the Special Area of Conservation due to
inappropriate site preparation and construction techniques”.
Finally government was paying professional heed to EU norms.
• 2012-2021 Eight mostly successful applications were permitted
for more or less ancillary developments. Each was objected to by
the Department of Heritage.
•
2021 Bartra, infamous for buy-to-let developments in Dublin, and
controlled by former Treasury Holdings supremo Richard Barrett,
which by then owned it, sold the site “much of which is still
undeveloped” for more than €3.8m to a company called Malroco
which said it would “develop the resort further to its full potential
as a premier holiday destination on the island of Ireland”. It noted
that the resort, for such it had become, adjoined the spectacular
1km-long boardwalk.
• September 2022 Successful application for glamping pods, tent
pitches, caravan pitches, shop, café, showers toilets and laundry
facilities; referred to Department of Heritage which produced no
report; not referred to An Taisce.
•
September 2022 New successful application to create apartments
within the beach-fronting building; also a spa.
•
August 2024 yet a further application was made to further develop
the pods already permitted and to develop further tennis courts.
That decision is now pending.
•
Despite the continued objections from the Department of Heritage
after 2012 regarding the impact of the extraordinarily multifarious
proposed developments on the SAC, the planners ploughed on
— in the end facilitating what is a holiday complex to compete with
anything seen in any holiday town in all Donegal.
• In order to obtain planning permission for a hotel and associated
holiday cottages in rural Donegal, an applicant must show how
they would ‘’develop the tourist potential of the particular site”.
That was never demonstrated in Aghadachor. Looking back, there
does not seem to have been any real intention to build any hotel
or to develop the tourism potential of the site — the exercise was
extraction of the maximum value of the land, no matter what rules
and regulations were contravened — or the scenic massacre.
Convie himself told Village the scheme for holiday housing was
“the greatest scam ever perpetrated against the administration of
planning in Co Donegal, as well as an act of mindless environmental
vandalism which is punishable by European law”.
Clearly in the case of Aghadachor the requirements of EU law [see
box p17] have been flouted:
1. Prior assessment of potentially damaging plans and projects.
2. A requirement that these plans and projects be approved only
if they represent an overriding interest and only if no alternative
solution exist.
3. Measures for providing compensatory habitats in the event of
damage.
Speaking to Village at the beginning of October, Convie
declared: “I am calling for the immediate protection of all relevant
planning files relating to this development and the suspension
of all personnel responsible for the greatest scam ever enacted
against planning in Donegal which has been sanctioned by the
former county managers, McLoone and Neely and the current CEO
McLaughlin and the official directing planning, Liam Ward, and
his senior planning staff. The file relating to the non-existent
‘steering committee’ which McLoone seemed to be ‘steering’ as
a pet project on behalf of his friends, the McGinleys, has gone
missing and was not available under FOI request. Confidence
must be restored to planning in our county. Given the horrendous
planning stats supported by the OPR along with the number of
current cases before SIPOC, as well as the number of successful
High Court cases against the administration of planning in Co
Donegal, it is bizarre that the OPR insists that it has no current
intention of investigating Donegal County Council”.
An Taisce’s heritage officer, Ian Lumley, said the file on
Aghadachor was “perhaps the most cussed and flagrant breach
of EU environmental law I have come across in thirty years
monitoring planning applications”.
Tony Lowes, Director of Friends of the Irish Environment said it
was evidence of the “extraordinary, egregious laxity of care for
habitats and planning that is characteristic of Donegal County
Council”.
Against the background of the Mulcahy report and the reality
of legal-planning anarchy in Donegal it is clear that Minister
Darragh O’Brien must invoke section 255 of the Planning and
Development Act which applies where the Minister considers
there may be “impropriety in the conduct of any of its functions
by a planning authority”, or “there are serious diseconomies or
inefficiencies in the conduct of its functions by a planning
authority”.
He must appoint a commissioner to carry out the functions of
the planning authority.
Nothing else will save the integrity of the rule of law in lawless
Donegal, once Ireland’s most beautiful county.
Meanwhile, Paul McGinley was awarded the Freedom of
Donegal in 2022 when, ironically, he extolled the scenic gem that
he said was County Donegal.
Flouting of EU habitats law joins systematic flouting of national
planning law, favours for friends, shifting of planning personnel,
failures of enforcement and failure to publish damning reports as
examples of how Donegal has operated under a different regime.
Reflecting this, John Gormley, the former Green Party leader
and Minister for the Environment who initiated the review into
planning in Donegal that ultimately led to Convie’s legal actions,
and the Mulcahy report, told Village: “It’s time to publish the
Mulcahy report and for government intervention to reset planning
in Donegal”.
Minister O’Brien’s office was sent this piece and responded:
“I’m afraid all we can offer as a comment is the below: The Minister
is currently considering the Mulcahy report and will bring this
matter to Government for consideration in due course. As such it
would be imprudent to comment on any of the specific issues
mentioned within the article at this time”. At the time of writing
the CEO of Donegal County Council had not replied to a request
for comments.
This ph leds o he bordwlk nd o ennis cours. The
enire hbis of hese res of he SAC hve been irrerievbly
lered.
Convie.indd 20 03/10/2024 14:29