Friends' Work

// Minister Letter: Moratorium on upland wind farm construction

John Gormley, TD,
Minister for the Environment, Heritage, and Local Government,
Customs House,
Dublin 1
minister@environ.ie
3 October 2008

Re: Moratorium on upland wind farm construction

Dear Minister,

We write to you as a group of local and national environmental organisations who have come together to seek an end to the severe damage to upland bog habitats and freshwater ecosystems that have been repeatedly occurring through the construction of the present generation of wind farms.

The Derrybrien bog slide of 2003 was widely reported at the time and was specifically cited in the European Court Justice of 3rd July 2008 ruling against Ireland as an example of systemic failure of government to follow due procedure required by the Environmental Impact Assessment Directive.

Most recently, bog slides in Counties Kerry (August 2008) and Leitrim (September 2008) have led to extensive juvenile fish kills, destruction of the aquatic environment and protected species, water pollution, loss of bog habitat, and the depletion of carbon sinks.

In the Leitrim case the release of water heavily polluted with suspended solids which have entered and continue to enter Lough Allen due to the peat slide raises a major concern for the survival of the Pollan Species recorded as a healthy and viable population. As a result of siltation and smothering of spawning beds for consecutive years the extinction of this species is a very real possibility as this species has a life expectancy of only 5 years.

These incidents have been caused by the construction of roads to service wind farm development without adequate hazard and risk assessments, and in the absence of any guidelines for their construction.

Measures are now urgently needed to prevent any possible recurrence of these devastating ecological disasters. This is required by the Habitats Directive, the Water Framework Directive, and the EIA Regulations.

As part of your Department's National Parks and Wildlife Service 2008 Report ‘Status of EU Protected Habitats and Species in Ireland', infrastructural development was identified as one of the current pressures on blanket bogs, resulting in the fact that the ‘overall status of this habitat is considered to be bad'. According to the Foreward - which we might respectfully point out is written by you - these habitats "are the very building blocks of biodiversity and maintaining them in favourable conservation status is a central purpose of the Habitats Directive".

Furthermore, as part of the Assessment of Priority Habitats and Species carried out by the your Service in 2006, the threat of wind farm development to blanket bog habitats was specifically assessed. They reported that 39 of 56 wind farms surveyed were located on blanket bog. Out of the 39 blanket bog wind farms, 20 have been constructed on relatively intact blanket bog.

On numerous occasions wind farms are located at the edge of designated sites and may have significant impacts on the status of the blanket bog. Additionaly, wind farms have had serious impacts on undesignated blanket bogs and this is considered an increasing threat to biodiversity in the wider countryside.

Many of these sites are host habitats for listed bird species both breeding and migratory. Disturbance caused to these species and the loss of habitats is of serious concern.

The main damaging activities to blanket bogs from the construction of a wind farms include the construction of an associated road network across the peatland, service structures, drainage, soil conduits for power cables, turbine foundations and electricity pylons, all of which can significantly alter hydrogeology.

We asking you to urgently address this serious and ongoing destruction of Ireland's natural environment and resources we are seeking that you:

1. Ensure that you are satisfied that there is no continued failure of local authorities to fully implement the Strategic Environmental Assessment Directive when drawing up development plans at every level. In the absence of appropriate assessment under this Directive, sensitive (and protected) ecosystems can be put at risk through their designation as suitable for wind farm construction.

2. Ensure that you are satisfied that no further breach of the Habitats Directive shall result from the construction of any wind energy developments that have either been granted consent or that are pending granting of consent.

1. Ensure that you are satisfied that all wind energy developments for which consent has been granted have been fully assessed as to the likely significant effects on the environment in full compliance with the ECJ ruling against Ireland [C-216/06], and that mandatory EIA guidelines are drafted and implemented which fully reflect these requirements.

This ECJ ruling clearly admonished the position taken by your authorities that

‘Directive 85/337 was not applicable, since the ancillary works of peat extraction and road construction were minor aspects of the project of wind farm construction itself. The competent authorities therefore considered that there was no need either to investigate whether the intended projects were likely to have significant effects on the environment or, accordingly, to conduct an environmental impact assessment meeting the requirements of Directive 85/337 prior to granting the consents'.

The Shannon Regional Fisheries Board, after the recent slide in County Leitrim, has stated that

‘The specific causes of the peatslides have to be established, but the Board believes it prudent for developers and Local Authorities to review the road construction techniques currently in use and the preventative measures in place to minimize the possibility of further peatslides. Furthermore the Board would ask that guidelines on appropriate techniques and preventative measures for construction on peatlands be published. These guidelines should take into account the impact of increased rainfall and peat abstraction techniques'. [SRFB, 26.09.08]

We note that the relevant Scottish Guidelines clearly identify the very risks which are leading to these ecological catastrophes here in Ireland, such as:

• Alteration to drainage pattern focusing drainage and generating high pore-water pressures along pre-existing or potential rupture surfaces (e.g. at the discontinuity between peat and substrate)
• Unloading of the peat mass by cutting of peat at the toe of a slope reducing support to the upslope material
• Loading of the peat mass by heavy plant, structures or overburden causing an increase in shear stress
• Digging and tipping, which may undermine or load the peat mass respectively, and may occur during building, engineering, farming or mining (including subsidence)
[PEAT LANDSLIDE HAZARD AND RISK ASSESSMENTS, Best Practice Guide for Proposed Electricity Generation Developments, December 2006, Natural Scotland]

We would be the first to join with you in recognising the importance of increasing the renewable energy sector. It is a vital part of necessary efforts to combat climate change. We must reduce dependency on the abstraction of non-renewable resources such as peat and oil. But we cannot - and we belive you will not - support the widespread damage currently being caused to biodiversity and natural resources by the construction of wind farms on intact peatlands - including lowland blanket bog, upland blanket bog, heath and other sensirtive habitats - without apporpriate safeguards

It is clear from European case law that every emanation of the State is required to do what it can to make good any defect in any Environmental Impact Assessment process. No further wind generation construction should take place in such locations until their impact is suitably assessed in accordance with the Court Judgment and until mandatory Guidelines for this construction based on peat landslide hazard and risk assessment are put in place which incorporate the precautionary principle.

Respectfully yours,

An Taisce - The National Trust for Ireland
Anja Murray

CLEAN - Cavan Leitrim Environment Network
Peter Crossan, Joachim Schaefer

Derrybrien Development Society Ltd
Martin Collins

Friends of the Irish Environment (FIE)
Tony Lowes

Irish Peatland Conservation Council (IPCC)
Sarah Malone

Irish Wildlife Trust
Joanne Pender

Address for correspondence:
Tony Lowes, Friends of the Irish Environment, Allihies, County Cork
admin@friendsoftheirishenvironment.net