Written answers

Wednesday, 6 May 2015

Department of Arts, Heritage and the Gaeltacht

Special Protection Areas Designation

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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606. To ask the Minister for Arts, Heritage and the Gaeltacht if compensation measures are in place, or are being examined, for the reduction in value of land, where a person's lands are included in a special protection area, and plans to compensate landowners for the reduction in the value of their land, as a result of this designation; and if she will make a statement on the matter. [17731/15]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The designation of Special Protection Areas, or SPAs, is a legal obligation placed on all Member States in the EU, and Ireland was found by the European Court of Justice in 2007 to have failed to designate a sufficient number of SPAs.

It is essential, in my view, that, wherever possible, use is made of opportunities for co-funding from the EU in providing payments to farmers who own lands subject to such designations. Therefore, while my Department has the lead role in relation to the implementation of the EU Habitats and Birds Directives, significant funding is provided through the Rural Development Programme (operated by the Department of Agriculture, Food and the Marine) to assist farmers in meeting the requirements of the Birds and Habitats Directives. Participation in the Basic Payment Scheme requires farmers to abide by the statutory requirements relating to SPAs and Special Areas of Conservation – collectively known as Natura 2000 sites. Agri-environment schemes such as the new GLAS scheme have provided, and will provide, a range of supports, including payments in respect of Natura 2000 sites, to tens of thousands of farmers.

A habitat enhancement scheme (known as the National Parks and Wildlife Service Farm Plan Scheme) was available to farmers in Hen Harrier SPAs to undertake proactive measures for the species. These measures were not a condition of the designation, nor were they mandatory. For that reason, they are not considered to be compensation for the prevention of an activity or a development on the lands in question. Voluntary commitments were entered into by 377 landowners under the Farm Plan Scheme, covering over 9,000 hectares. I am advised that 42 farm plans are still active.

The designation of lands does not mean that the lands are subject to blanket restrictions, although they must be managed appropriately. This requirement means that certain State-funded grant schemes must be operated with due care where they may affect such lands and they cannot be considered an automatic entitlement of the landowner.

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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607. To ask the Minister for Arts, Heritage and the Gaeltacht if she will provide the list of townlands in the Slieve Bloom mountains which were designated special protection area's site code (details supplied); the way letters of objection by landowners to having their land designated an such were dealt with [17732/15]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Sieve Bloom Mountains special protection area extends to parts of the counties of Laois and Offaly. The intention to designate this site was advertised in November 2007, along with five other Hen Harrier special protection areas. Landowners were advised that they could appeal against the proposed designation of the site as a special protection area. The appeals process has two stages: a Departmental review of an objection to the proposed designation, after which landowners who receive an adverse review may opt to take their cases to the Designated Areas Appeals Advisory Board. This is an independently chaired Board which makes recommendations to me, as Minister for Arts, Heritage and the Gaeltacht, on such cases.

In total, 25 appeals were lodged, of which 22 were finalised at the first stage and 3 were referred to the Designated Areas Appeals Advisory Board. Of the 22 dealt with internally, 12 were successful, 1 was partly successful and 4 were unsuccessful. 2 objections were withdrawn and 3 objections were not progressed due to the appeal criteria not being met. Of the 3 appeal cases that were taken to the Board, 1 was partly successful, 1 was withdrawn, and 1 was unsuccessful.

All appeals on this site have been concluded and the boundary finalised. The site has been formally designated as a special protection area by Statutory Instrument (S.I. 184/2012) since 2012.

A list of townlands in both counties that are wholly or partly included in this special protection area is set out under Schedule 2 of that Statutory Instrument. For ease of reference, they are as follows:

Slieve Bloom Mountains Special Protection Area

County Laois

Ballaghlyragh Or Nealstown, Ballaghmore Upper, Ballinla, Ballinrally, Ballyfarrell, Ballyfin, Ballyfin Demesne, Ballyfin Upper, Ballyhuppanane, Ballykenneen Lower, Ballykenneen Upper, Ballylusk, Ballynahimmy, Ballynalug, Barnaboy, Barradoos, Baunreagh, Birchwood, Bockagh, Bordowin, Boyle, Briscula, Brisha, Brittas (Ed Clonaslee), Brockra, Bughorn, Bunastick, Camcloon (Ed Ballyfin), Capard, Cappanarrow, Capparogan, Cardtown, Carrowreagh (Ed Nealstown), Castleconor, Castlecuffe, Cloncully, Clonoghil (Ed Marymount), Clonoonagh, Cones, Coolagh (Ed Castlecuffe), Coolnabanch, Coolnamony Lower, Coolnamony Upper, Corbally (Ed Meelick), Cummer, Deerpark (Ed Ballyfin), Deerpark (Ed Brisha), Dernamanagh, Derrycarrow, Derrycon, Derrylahan (Ed Marymount), Drim, Drimhill Or Quarryfarm, Drimmo, Garranbaun, Garryhedder, Glebe (Ed Tinnahinch), Glenall, Glenamoon Glenbarrow, Glenconra, Glendine (Ed Arderin), Glendine (Ed Clonaslee), Glendineoregan, Glenkeen Lower, Glenkeen Upper, Glenkitt, Glennaglass, Gorragh Lower, Gorragh Upper, Gorteen (Ed Meelick), Gorteennameale, Gortlusky, Gortnaglogh, Inchanisky Island (Ed Nealstown), Johnsborough, Keeloge North, Killinaparson, Killinure (Ed Lacka), Knockannagad, Knocks, Lacka, Lackan, Lackey, Lisnarode, Moher East, Moher West, Monasop, Monelly, Monicknew, Mountainfarm, Mounthall, Northgrove, Oldcamp, Ross (Ed Tinnahinch), Rossadown, Rossalee, Rossbaun, Rossdorragha, Rossmore (Ed Ballyfin), Rossnabarnagh, Rossnacreena, Scarroon, Sconce Lower, Sconce Upper, Shanavaur, Skerry, Srahanboy, Srahcullen, Srahduff Glebe, Stooagh, Tinnahinch, Tubbrid and Whitefield.

County Offaly

Ballybritt, Ballyduff (Ed Gorteen), Ballykelly, Ballymacmurragh, Ballynalack, Ballyphilip, Ballywilliam (Ed Roscomroe), Barcam, Barlahan, Beagh, Castletown And Glinsk, Clashroe, Clogh, Clonlee, Coldblow (Ed Gorteen), Coolcreen, Cooleeshill, Cumber Lower, Cumber Upper, Deerpark (Ed Letter), Forelacka, Glenafelly, Glendine (Ed Tulla), Glendossaun, Glenletter, Glenregan, Gorraun (Ed Gorteen), Gorteen (Roscrea Ph), Hundredacres, Keeloge (Ed Gorteen), Kilcreman, Knockloughlin, Lackaroe, Laughil (Ed Gorteen), Letter, Lismoney, Magherabane (Ed Letter), Newtown (Ed Roscomroe), Pigeonstown, Pollduff, Sheskin, Spink and Tulla and Crumlin.

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