
66December-January 2014
ENVIRONMENT BOGS
measures, as required by the legislation,
is a not-unrelated scandal.
Then there is the loss of carbon sink
from turf-cutting and related activi-
ties (e.g. combustion and horticulture).
According to recent UCD studies, these
emissions are twice that from waste
processing and the equivalent of half of
the emissions from our national hous-
ing stock.
As a Southern Regional Fisheries Board
Report in concluded: “The com-
panies involved in the hacking of the
boglands have no appreciation for the
habitat or the surrounding watercourses
and do not work to any specified environ-
mental work procedures. The extraction
schemes are financially lucrative due to
consumer demand in Ireland, the UK
and further afield. The overall result is
that the loss of available bog sites greatly
exceeds the area of bog being conserved,
and this further demonstrates the urgent
requirement for control”.
Satellite Survey
The Department of the Environment’s
‘ Peatlands Survey’ was based on a
satellite survey of exposed peat-
lands commission from University
College Cork by Friends of the Irish
Environment [FIE].
The survey was pieced together from
free Landsat imagery and cloud-cover
meant that the only clear pictures were
from -. These revealed more
than , hectares of exposed peat-
lands in unknown ownership (excluding
Bord na Mona). Vast areas of devastation
stretched across the raised bogs of the
midlands with more than , hec-
tares in Offaly alone.
The results were catalogued by county
and size and presented by FIE to the EU
Petitions Committee with dramatic
results. The Commission wrote to Ireland
suggesting that “extraction is of a scale
that exceeds the threshold for mandatory
EIA without the competent authorities
having required any peat extraction
operator to undertake an EIA”.
Subsequent pressure from the
Commission led to the Department of
the Environment agreeing to investigate
sites of over hectares identified
in the NGO satellite survey. Accordingly,
they wrote to the local authorities
involved, providing maps and coordi-
nates, requesting site surveys of each
location.
While some sites were abandoned or
in fact were young forestry on exposed
peat soils, more than of the sites
were found to have required planning
permission. No local authority had to
date even a record of peat extraction, as
it was considered exempt from planning.
Consequently, none were on the Register
of Extractive Industries and not one had
undergone any assessment.
The Planning System
FIE also pu rsued t he u na uthor ised e xtr ac-
tion at a national level. A series of test
cases in County Westmeath was subject
to Section Reference, where the local
authority is required to determine if an
activity requires planning permission.
In its first decision the Planning
Appeals Board (An Bord Pleanála) dis-
missed the reference as it claimed it could
not identify the location or boundaries.
FIE took a judicial review, having sup-
plied GIS coordinates in the centre of a
-hectare site. The Board’s decision
was quashed by the High Court in
and costs were awarded against the
Board and Westmeath County Council
with a requirement for new References
to be submitted.
The new References led, after a fur-
ther two years, to a ruling confirming
that planning permission was required.
The Bord Pleanála Inspector concluded
drily: “The continued extraction of peat
and other ancillary works on each of
the sites raised in the referred request
would therefore be likely to have sig-
nificant effects on the environment and
require environmental impact assess-
ment. Indeed, after inspection of the sites
I cannot imagine any reasonable basis to
conclude otherwise”.
This decision was appealed to the High
Court by the two operators concerned –
Westlands and Bullrush who were also
given leave to continue operations whilst
the matter was being adjudicated (see box
above) on the grounds of unfair commer-
cial disadva