Fears that water pollution ruling will restrict Killarney planning permission

A EUROPEAN Court of Justice ruling on water pollution in Ireland could make it even more difficult to get planning permission for one-off houses in the Killarney area, it has been claimed.

Lough Lein, the centre- piece of Killarney’s tourist attractions, was highlighted to the court last week as an example of Ireland’s failure to comply with EU waste water directives.

A case study before the court showed that 12% of polluting phosphorus entering the picture-postcard lake came from domestic septic tanks.

Kerry independent councillor Michael Healy-Rae said that while the lake had to be protected, the court ruling could have very serious implications. “The big fear is local authorities will use this ruling to make it even more difficult for people to get planning in the countryside,” he stated.

“Over the last number of years, the criteria for getting planning has got much stricter, especially in relation to percolation tests, and they (local authorities) could now set the bar even higher.”

During the court hearing in Luxembourg, the EU Commission strongly criticised Ireland’s record on environmental protection, especially in relation to the handling of waste from septic tanks.

Pollution was first reported in the famous Killarney lake in the 1970s and, following an algal bloom in 1997, the Lough Lein Working Group was established in order to draft a management plan for the lake.

Every river within a 10-mile catchment area was surveyed and sources of pollution including farms, septic tanks, local authorities and forestry, were traced.

However, Kerry County Council has not implemented bylaws recommended by the working group that would regulate farm practices, farm waste storage and slurry spreading in the Lough Lein catchment.

The council has pointed out that the EU Nitrates Directive provides for such protection.

Well-known angler Richard Behal, a member of the working group and an executive member of the Lough Lein Anglers Association, said the European Court had done a service to Ireland through its ruling.

While a lot of effort had been put in and a lot of money spent to improve the situation in Killarney, not enough was being done, he felt.

“The EU has had to do the job for us. This is something we should be responsible for ourselves, as Irish people. A lot of mistakes have been made and are still being made,” said Mr Behal, who also called for a change in attitudes to pollution.

“At the same time, the Lough Lein Working Group has done the greatest work of any group in Ireland. Every river and stream in the catchment has been monitored and every farmer visited,” he added.

A spokesman for Kerry County Council yesterday said they were studying the European Court ruling.