‘The level of red tape is unbelievable' – anger as EU rules on birds derail 50-metre path in Malahide
It would have provided a short active travel alternative to the current route, which involves driving nearly 2 kilometres to access the sporting facility.
But at yesterday's Fingal County Council meeting of the Howth/Malahide Area Committee, Therese Casey, Executive Parks and Landscape Officer at Fingal County Council, said the path was being held up by EU rules on protecting bird habitat.
Reading from a council statement, she said: 'The proposed site for the walkway development is an important feeding site for several bird species associated with the Malahide Estuary Special Protection Area (SPA)'.
The Malahide Estuary SPA contains internationally important populations of Light-bellied Brent Geese and Black-tailed Godwits, among other species.
An appropriate assessment screening taken over the winter months found that significant impacts to the site 'cannot be excluded beyond a reasonable scientific doubt', according to the council.
'Therefore, a Stage 2 Natura impact assessment and appropriate mitigation is required should this project proceed.'
Any council project requiring this check needs to be submitted to An Bord Pleanála (ABP), the council statement added.
"The council is legally obliged to safeguard these feeding sites for migratory birds associated with SPAs under the EU Birds Directive.
'Developing a pathway in a key feeding site that is likely to cause ongoing disturbance conflicts with that legal requirement and poses a significant hurdle for obtaining planning permission for this project from ABP.'
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Fianna Fáil councillor Eoghan O'Brien said he was 'really disappointed' by the statement.
Locals already access the rugby club via this route, but the existing surface is unsuitable for those with mobility issues and after wet weather, he said.
'I don't have the measurements, but we're talking about roughly 30 to 50 metres of some sort of safe surface. I'm not even talking about going in with a concrete path,' he said.
Cathal Haughey, another local councillor, said he was 'shocked' by the response.
'If we went back to the rugby club with that, I don't know how you'd keep a straight face … the level of red tape is unbelievable,' he said.
'It sounds like it's not going to happen now, which just seems outrageous … it goes against everything that the council is trying to do regarding active travel.'
He said it would be helpful for the topic to be brought back up in a future session, so councillors could 'get our heads around it more'.
Ms Coffey said she understood the frustration of the elected members and rugby club, but that her 'hands were tied' in relation to this, as the legislation on protecting birds is clear.
She proposed a meeting between councillors and the council's biodiversity team in the coming weeks to work out a compromise.
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