Pearl Mussel ruling hits development on Black water
A CONTROVERSIAL EU directive that could effectively block any new developments along the River Blackwater has been cited as the reason behind the decision to refuse permission for a major housing development in Mallow.
This comes after the main channel of the Munster Blackwater has been re-designated as a Special Area of Conservation (SAC) for the freshwater pearl mussel – two years after a similar designation was lifted by the Government following the intervention of Cork County Council.
Originally adopted in 2014, the designation effectively halted housing development along areas affected, causing consternation among local councillors; before it was dropped again in 2018.
However, the designation has now been reinstated following a legal challenge against an application for a 95-unit development at Spa Glen in Mallow, according to Cllr Gerard Murphy (FG).
“During the course of the application there was a court decision that had implications for planning applications on the catchment area of the Blackwater SAC. The outcome of the court case is such that regulations made in 2018 have been quashed and reverted back to previous rulings reinstating the habitats of the freshwater mussel,” said Cllr Murphy.
He said this will effectively “cause the sterilisation” of development land along the Blackwater stretching from the Kerry border, through the heart of Duhallow and North Cork as far as Youghal, as well as tributaries and steams flowing into river.
A CONTROVERSIAL EU directive that could effectively block any new developments along the River Blackwater has been cited as the reason behind the decision to refuse permission for a major housing development in Mallow.
It has emerged that the main channel of the Munster Blackwater has been re-designated as a Special Area of Conservation (SAC) for the freshwater pearl mussel – two years after a similar designation was lifted by the Government following the intervention of Cork County Council.
In 2014 a decision to put elements of the Cork County Development Plan relating to the construction of houses and commercial buildings along the river on hold due to the presence of the mussel caused consternation in County Hall, with some county councillors predicting it could take years to be resolved.
In 2018, following discussions between the council and the Department of Arts, Heritage and Gaeltacht, the terms of the conservation order were relaxed by the EU, in effect meaning it would no longer be an objective to maintain and restore the pearl mussel population in the main channel of the river.
However, as Cork county councillor Gerard Murphy explained, the designation has now been reinstated following a legal challenge against an application for a 95unit development at Spaglen in Mallow.
“During the course of the application there was a court decision that had implications for planning applications on the catchment area of the Blackwater SAC. The outcome of the court case is such that regulations made in 2018 have been quashed and reverted back to previous rulings reinstating the habitats of the freshwater mussel,” said Cllr Murphy.
He said this will effectively “cause the sterilisation” of development land along the Blackwater stretching from the Kerry border, through the heart of Duhallow and North Cork as far as Youghal, as well as tributaries and steams flowing into river.
“This means that planning permission will be refused for any significant development along the SAC by Cork County Council, as we have already seen with the Mallow housing project. This will have a hugely detrimental impact on housing, commercial industry and agriculture,” said Cllr Murphy.
He pointed out that as a result of the court decision it will now be necessary for the Government to negotiate with the EU Commission to revert back to the 2018 ruling. However, Cllr Murphy said department officials were reluctant to start that process until a new Government is formed, meaning it could take months if not years to reinstate the 2018 judgement.
“It is important that a new Government take the same pro-active approach as then Minister Heather Humphreys did two years ago and re-engage with the Commission to reinstate the 2018 changes,” said Cllr Murphy.
“If not, there is little point in Mallow’s designation as a Hub Town and the County Development Plan will have to re-visited as none of the towns and villages in the Blackwater basin would be able to achieve their housing, homes or jobs targets.”
Cllr Murphy went on to point out that in addition, thousands of acres of land in Western Duhallow has been designated for Hen Harrier protection, preventing forestation.
“While biodiversity is important, is the protection of a few pairs of Hen Harriers more important for the environment than planting thousands of acres of trees that could help the county reach its carbon emission targets?”
“This and the issue of the Blackwater pearl mussel must be viewed by a new Government on fact based evidence, not ideology. These are important issues that must be addressed before it is decided which parties will make up the new Government.”