Useful Data for Irish River Conservation / Water Quality

Notes

Coillte Nature carried out quite significant upgrade works on an old track in a forest in the Devil’s Glen in Wicklow without development consent or screening under the Habitats Directive. DAFM are taking no further action because they do not consider it to be Forest Roads Works.

DAFM have too narrow an interpretation of what constitutes a Forest Road ? Only works that qualify as Forest Road Works are the construction / upgrade of a Harvesting Road. They claim that the works are for a recreational trail.

In my view the Forestry Regulations and the Environmental Impact Assessment Directive require a broader interpretation.

The Forestry Act defines a Forest Road as “a road (other than a public road) that serves a forest”;

A Forest can be a recreational area as well as a commercial area and a recreational trail serves a forest.

In the context of the Environmental Impact Assessment Directive and Habitats Directive the road constructed has the potential to have a significant effect on the environment as you elaborated on when you submitted the report.

The definition of a “road” in the Roads Act (1993)

“road” includes—

(a) any street, lane, footpath, square, court, alley or passage,

“roadway” means that portion of a road which is provided primarily for the use of

vehicles;

Using this base, a road does not have to carry vehicles; it is merely a form of access to an area – i.e. to serve that area whether it is for commercial, recreational or any other use.

The COFORD Forest Roads Manual states;

“Forest roads are necessary to provide access to the forest for general management, maintenance, timber extraction and recreation.”

Harvesting roads have, incorrectly, become synonymous with the term Forest Roads but this is not correct. Harvesting roads are merely a subset of the broader category of Forest Roads which includes recreational roads and trails.

DAFM only appears to require development consent for the construction and, in cases, the upgrade of harvesting roads but in my view other ‘roads’ which serve a forest are not exempt from the need for development consent.

Formal complaint has been submitted to Coillte’s auditors over these works – likely they will dismiss the complaint on the basis that DAFM does not consider the works to be illegal.

Coillte are constructing recreational trails in other environmentally sensitive areas – e.g. mountain bike trails in the Slieve Blooms.

The opinion sought could be;

Does a recreational trail, track or path constructed or upgraded which serves a forest constitute a Forest Road in the context of the Forestry Act / Forestry Regulations and therefore, any new or upgrade works requires development consent under the Forestry Regulations?

Is a proposed recreational trail, track or path to be constructed or upgraded which is not a public road constitute a ‘road’ in the context of the Environmental Impact Assessment Directive and therefore fall subject to screening for the need for an Environmental Impact Assessment?

Irrespective of the above, is a proposed recreational trail, track or path to be constructed or upgraded, a plan or project in the context of the Article 6(3) of the Habitats Directive and therefore subject to the need for screening for the need for an Appropriate Assessment?

If a river runs through a forest is that river part of the forest area?