Bord rules on Mullagh bog development

The drainage of ecologically sensitive wetland habitat by a local peat extractor and the mechanical disturbance of the site, has been deemed “development” by national planning authority, An Bord Pleanála.

Located in the townlands of Corryrourke and Cornakill, north west of Mullagh village, the actions of Daly Peat Ltd were referred by Cavan County Council to the Planning Appeals Board back in February.

It asked the board to establish whether the drainage and peat extraction “is or is not exempted development”.

The council itself did not make a decision on the Daly Peat Ltd’s operation, but requested it be examined under Section 5 of the Planning and Development Act 2000-2002.

From the resulting decision, the Bord notes that Daly Peat Ltd had been extracting peat from a portion of the bog owned by Thomas P Daly. Neither Daly Peat Ltd nor Thomas P Daly are owners of the entire bog.

On file was a letter to the planning authority’s Enforcement Section from local residents in the area who had expressed concern at the Daly Peat works, and how it impacted the residential amenity of the area, as well highlighting ecological, visual and safety concerns.

There had been no planning history in respect of bog site, but similar referrals have been made in the past in respect of sites at Mayne and Castlepollard, Co Westmeath; Hawkfield, Co Kildare; and Wilkinstown, Co Meath.

Close to Kilconny Bog (Cloghbally), a proposed Natural Heritage Area and Special Area of Conservation, the Council submitted that the lands are of “high biodiversity value” and that the Daly Peat Ltd development and similar developments nationwide are “contributing to the climate and biodiversity emergency” as declared by the government.

As part of the referral, the Council further submitted aerial imagery taken in 2009 and 2019 showing “unauthorised” drainage of a wetland habitat in excess of 2ha.

It states: ‘From the public road, aerial photography and photographs on file, it is evident that the subject site comprises a raised peat bog and that peat is being extracted from it by mechanical means with active draining of the bog to facilitate this activity.’

The Bord inspector remarks that, from information on file and inspection of the appeal site, it is evident that peat is being extracted. “I would consider this to be an act of excavation. The lands are also drained, which I would consider to be an act of alteration. I would consider therefore that the activities on the subject site constitute the carrying out of works on land and therefore comprise development,” said the Inspector.

In their overall conclusion, along with stating that Daly Peat’s actions constitute development on the site, the board further expressed that it was “not satisfied, beyond reasonable scientific doubt”, that the subject development would not be likely to have significant effects on the River Boyne and River Blackwater Special Area of Conservation.

“An Bord Pleanála, in exercise of the powers conferred on it by section 5 (4) of the 2000 Act, hereby decides that the drainage of wetland habitat (raised bog), and mechanical disturbance and removal of peat from a site at Corryrourke, Cornakill, Murlagh, County Cavan is development and is not exempted development.”

Daly Peat Ltd has been asked for a statement.

Cavan County Council was also contacted and asked what, if any action will be taken.