Sligo County Council acknowledges the Environmental Protection Agency's report on large-scale illegal peat extraction published on 26th June 2025.
Sligo County Council Response to EPA Report on Peat Extraction
The Council shares the EPA's commitment to environmental protection and recognises the importance of appropriate regulation in this sector.
Commitment to Environmental Protection
Sligo County Council takes its planning enforcement duties seriously and has successfully pursued enforcement action in numerous cases where clear evidence of unauthorised development has been established.
Legal Framework Considerations
The enforcement of planning legislation, particularly in relation to peat extraction activities, operates within an increasingly complex legal framework. Recent High Court and Court of Appeal judgments have highlighted the evolving nature of environmental law in this area, creating legal uncertainties for local authorities considering enforcement action.
Planning enforcement proceedings require compelling evidence to meet the high legal threshold for successful prosecution. Local authorities must carefully evaluate each case on its individual merits, considering the strength of available evidence and the prospects of success.
Legal Risk Assessment
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. The courts may also award compensation and damages where enforcement action is found to be inappropriate or unfounded. These legal risks must be carefully weighed against the likelihood of successful outcomes, particularly in cases involving evolving legal precedents and complex technical evidence.
Resource Requirements
Such enforcement proceedings would 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 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.
National Coordination
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. Such coordinated national enforcement would ensure consistency of approach and appropriate allocation of resources across what is clearly a national issue.
Ongoing Commitment
The Council remains committed to environmental protection within County Sligo 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.