TD’s land subject to SPA designation

CLARE Fine Gael TD, Pat Breen will  have to get permission from Heritage Minister Jimmy Deenihan to carry out reclamation and other works on his land on the banks of the Shannon under proposed restrictions protecting wintering birds on large tracts of land along the River Shannon and Fergus Estuary.
Deputy Breen and Fine Gael  Councillor Oliver Garry are just two of the landowners along the estuarine habitat from Limerick City westwards as far as Doonaha in West Clare who have received a notice of intention to designate their land as a special protection area (SPA) for wintering birds.
While consent for works can initially be obtained from the local National Parks and Wildlife ranger, works can only commence on the grant of Minister Deenihan’s consent.
Clare IFA has expressed grave misgivings about the impact of the list of restrictions on farmers as a result of the proposed designation.
Their concern is shared by Deputy Breen who has highlighted the anomaly that exists in relation to the maintenance of embankments near mudflats.
While the Office of Public Works (OPW) covers the cost of maintaining embankments in Clareabbey and Newmarket-on-Fergus, Deputy Breen pointed out that farmers in other areas have to cover the cost of looking after their own embankments.
Although some repairs of embankments along the estuary were funded through one-off funding from the Flood Relief Small Scheme, Deputy Breen said it is unfair that the OPW do not look after this work in all parts of the county.
“There is a lot of concern on the upper part of the estuary about this proposed designation as there are a lot of landowners with land near mudflats. When landowners have to carry out repairs on embankments, it can cost a lot of money,” he said.
Under the proposed designation, landowners will have to get permission from the department or the local National Parks and Wildlife conservation ranger to carry out potentially harmful works on the habitat. These include reclamation, blasting, drilling, dredging, introduction of plants or animals not found in the area, construction or alteration of tracks, paths, roads, bridges or access routes, burning, topping, clearing scrub or rough vegetation, drainage works, tree felling, tree planting, or driving vehicles in inter-tidal areas, apart from prescribed routes.
Only landowners with a legal interest in any proposed site can lodge an objection to the National Parks and Wildlife (NPWS) before Wednesday, September 7. If an objection is not successful following this internal review, it can be considered further by an independent Designated Areas Appeals Advisory Board.
Councillor Garry warned that permission would have to be sought to carry out any work within 50ft of the river bank for large tracts of land, in Poulnasherry Bay between Kilrush and Kilkee and the Fergus Estuary, which has huge implications for landowners.
If an embankment is breached, Councillor Garry noted a farmer would not be entitled to go in straight away with a digger to prevent flooding from getting worse as it could take two or three weeks to secure consent to complete the necessary works.
He confirmed he has already received representations from concerned farmers in the Kildysart area.
IFA spokesman Seamus Murphy stressed that farmers have built up a great relationship with their local ranger. He confirmed the organisation had huge concerns about the range of restrictions being proposed.
Mr Murphy pointed out that even if a farmer secured consent for work, this would only last a year, which makes it difficult to carry out proper planning and farm management.
He proposed the maintenance of all embankments be covered by the Government, who should bring them up to the standard of the ones in Clareabbey and Newmarket-on-Fergus.
“There is a lot of concern about the lack of consultation with farmers who are being left in the dark about how these restrictions will work on the ground,” he said.
Minister Deenihan stated the estuary had to be designated to avoid the imposition of large fines from the EU following a recent European Court judgement against the country.
Asked about claims that this designation will hinder new industry, Minister Deenihan told The Clare Champion he had not seen any evidence to suggest this had happened in the past.
The North Kerry Fine Gael deputy explained the proposed designation is an extension of an existing designation and noted the estuary is already designated a special area of conservation (SAC).
Asked about the impact of the designation on future large-scale wind turbine manufacturing facilities or other marine-related industry, he stressed the best approach is the provision of a new Strategic Integrated Framework Plan (SIFP), which would identify where development could take place without adversely affecting bird habitats.
West Clare Renewables chairman Pádraig Howard has asked Minister Deenihan to defer any new protection zones for birds until the new SIFP is completed. However, the minister believes any issues that may arise could be adequately dealt with under the SIFP.
Asked about concerns expressed by the IFA about the extensive restrictions on farmers, particularly in relation to embankments, the minister admitted he wasn’t aware of the issue relating to embankments and felt it is a matter for the OPW.
Stating there is no way around implementing the SPA, he expressed confidence any issues raised by landowners would be dealt with by the NPWS.