Council calls for state-backed body to combat illegal peat harvesting

In a week during in the Environmental Protection Agency (EPA) has said that illegally-operating peat extraction firms are “gouging out” Ireland’s natural peatlands in Westmeath and six other counties, Westmeath County Council has spoken out to defend itself against claims that it has not been doing enough to counter their actions.

In a statement, Westmeath County Council said this week that it takes its planning enforcement duties seriously - but that legal, financial and procedural complexities significantly hamper enforcement efforts.

The county council has also called for the establishment of a national body that would be adequately resourced and in a position, with state backing, to take on the legal and financial risks involved.

The statement by the council stated that it has successfully pursued enforcement action in numerous cases where clear evidence of unauthorised development has been established – but that planning enforcement proceedings require compelling evidence to meet the high legal threshold for successful prosecution.

Stating that the enforcement of planning legislation, particularly in relation to peat extraction activities, operates within an increasingly complex legal framework, the council said that complex planning enforcement cases carry significant legal risks for local authorities, including potential liability for both their own legal costs and third-party legal costs in unsuccessful proceedings.

Going on to say that such enforcement proceedings require the commitment of significant council resources over an extended period, including specialist staff time, external legal representation, technical consultants, comprehensive site investigations, and ongoing legal expenses, the council argued that the lengthy nature of complex planning enforcement cases, combined with limited prospects for cost recovery, means that substantial public resources could be committed for years with uncertain outcomes.

“It is the view of the Council that the significant, complex, risky and substantial legal action that may be required in this case across 38 sites and seven local authorities is best taken by a national body that would be adequately resourced and in a position, with state backing, to take on the legal and financial risks involved,” the council said.

“Such coordinated national enforcement would ensure consistency of approach and appropriate allocation of resources across what is clearly a national issue.”

The document concluded by stating that the council remained committed to environmental protection within County Westmeath and to fulfilling its statutory responsibilities in a manner that is legally sound and properly resourced: “The Council is willing to collaborate with the EPA and other local authorities to work towards resolving this issue in a coordinated and effective manner.”

“The Council is willing to collaborate with the EPA and other local authorities to work towards resolving this issue in a coordinated and effective manner," it added.

Further Reading: EPA report