Máire Hoctor (Tipperary North, Fianna Fail)

I will take this matter on behalf of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy John Gormley.

I sympathise very much with the people whose livelihoods have been affected by this bogslide. I understand Kerry County Council is carrying out an investigation into its cause. Unfortunately, the bogslide also resulted in serious damage to habitats and species. The investigation should address whether and to what extent the works associated with a windfarm development in the area contributed to the bogslide.

I will briefly mention the planning history of this case. The planning application, accompanied by an EIA, was lodged with Kerry County Council in December 2002; the council subsequently granted permission for the development in October 2003, subject to 15 conditions. In considering the case on appeal, I understand that An Bord Pleanála sought from the planning applicant a report from a qualified hydrogeologist or other suitable expert regarding the stability of the peat and soil cover on the site and the potential risk of landslides arising from the construction of the proposed development. The applicant submitted a report on site stability in January 2004.

I also understand that in March 2004 the board requested an additional report from the hydrogeologist assessing the impact of the potential construction works on soil stability with particular reference to construction methods and design and construction of turbine foundations. This was supplied in April 2004 and following its consideration the board granted planning permission for this development on 16 June 2004, subject to 15 conditions.

Separate bog slides on 23 August and 3 September 2008 caused damage to two designated European conservation sites — one special area of conservation and one special protection area. The special protection area was designated particularly for the hen harrier, and an area of suitable foraging habitat for this species has been lost. The special area of conservation was designated for salmon and otter habitat. Spawning beds and feeding habitat have been extensively damaged for these species.

The Feale river is recognised as one of the most important salmon rivers in the Shannon catchment. For that reason, the lower River Shannon special area of conservation was extended to include a considerable stretch of the river, including its tributary, the Smearlagh. Several kilometres of the Glashoreag river, which is a tributary of the Smearlagh, were also included in the extended special area of conservation, as they contained good stretches of salmonid spawning beds and nursery areas.

It is estimated that 4 km to 5 km of fish spawning grounds have been destroyed and now lie under a metre or more of silt. Fisheries officers have estimated that it may take ten years for the spawning grounds to recover. There are now no fish in the affected parts of these rivers, and it is feared that silt will travel downstream and cause further damage. The effects on biodiversity may also be significant, as otters in the area, which depend on fish, have lost their food source.

The otter is strictly protected under the European Communities (Natural Habitats) Regulations, 1997 to 2005, and it is an offence to damage or destroy the breeding site or resting place of this species.

The council is working closely with Shannon Regional Fisheries Board as well as the national parks and wildlife service of the Department. Any restoration plan or measure would have to be screened by NPWS in the interests of necessary compliance with the natural habitats regulations.

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