An independent TD has welcomed engagement from Bord na Móna on the issue of historic peat extraction from two bogs, but added that questions remain.
In June, Laois-Offaly TD Carol Nolan raised concerns on foot of Bord na Móna’s application for substitute consent for historic peat extraction at Garryhinch and Garrymore bogs, part of the Allen Bog group.
Bord na Móna said in June that the purpose of the application is to seek to “regularise the planning status of the peat extraction works and all associated bog development works that were carried out” on the two bogs in question, on which peat extraction ceased in 2020.
Responding to this at the time, Nolan asked: “Is this an effective admission from Bord na Móna that the actions it has taken around peat extractions and indeed rewetting have rested on a dubious or indeed non-existent legal basis in terms of planning permission?”
Substitute consent is consent from An Bord Pleanála in relation to works that have already taken place. There are several reasons why substitute consent may be sought.
These include:
- Where a court decision sets aside an existing planning permission in a case involving an environmental impact assessment (EIA), or a decision that an EIA or appropriate assessment may have been required;
- Where original planning permission may have been flawed or set aside by a court;
- Where “exceptional circumstances” arise during works that may require consent from the planning authority.
Nolan raised the issue again last week, saying that there is a “sense of disbelief” that Bord na Móna has not yet responded to her concerns.
In a response issued to Nolan since then, Bord na Móna said: “There exists a complex planning regulatory background associated with historic peat extraction.
“Bord na Móna has decided to take a prudent and transparent approach by making substitute consent applications for Garryhinch and Garrymore bogs which facilitate a remedial assessment of historic peat extraction in order to support the continued progress towards Ireland’s journey to net zero,” Bord na Móna said.
However, Nolan said today (Monday, September 4) that this response was not satisfying, and has sought further clarity.
She said: “While I appreciate the engagement by Bord na Móna, it has to be said that simply stating there exists a ‘complex planning regulatory background’ associated with historic peat extraction does not have advance us very far.
“All planning in Ireland is complex so too is the regulation governing it,” Nolan added.
The TD called on Bord na Móna to confirm if the application for substitute consent has been made yet, and why it did not make the application sooner “if there was an awareness that the existing position could be interpreted as less than transparent or imprudent from a planning or regulatory perspective”.
She also called on Bord na Móna to clarify if it has a plan on what to do in the event that An Bord Peanála rejects the application.
“We are not talking here about a marginal case of potential planning irregularities. We are talking about the legal basis for vast, industrial scale peat extraction from the early 1950s to 2020,” Nolan said.