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JOINT COMMITTEE ON THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT díospóireacht -
Tuesday, 25 May 2010

Planning and Development (Amendment) Bill 2009: Discussion with Irish Farmers Association

The joint committee will now deal with item No. 4 on the agenda — Planning and Development (Amendment) Bill 2009. Members will recall a request made by the Irish Farmers Association which is seeking to discuss with the joint committee its concerns regarding the aforementioned Bill, Committee Stage of which is due to be taken shortly by the Select Committee on the Environment, Heritage and Local Government. From the farm forestry committee, I welcome Mr. Pat Hennessy, chairman, Mr. Michael Fleming, vice chairman, and Ms Geraldine O'Sullivan, secretary. Thank you for attending the meeting.

The format of the meeting will involve a presentation from the delegates followed by a question and answer session.

By virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to the committee. If they are directed by the committee to cease giving evidence in relation to a particular matter and they continue to so do, they are entitled thereafter only to a qualified privilege in respect of their evidence. Witnesses are directed that only evidence connected with the subject matter of these proceedings is to be given and they are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise nor make charges against any person or entity by name or in such a way as to make him or her or it identifiable.

I invite Mr. Pat Hennessy to make his presentation.

Mr. Pat Hennessy

I thank the chairman and members of the committee for the opportunity to appear before the committee. I am accompanied by Mr. Michael Fleming and Ms Geraldine O'Sullivan. I apologise on behalf of our president, Mr. John Bryan, who was to be with us today but he is also involved in the 2020 committee which is having its final meeting today.

I take this opportunity to outline our concerns in regard to the proposed changes to section 4 of the Planning and Development (Amendment) Bill 2010. First, I shall provide a brief summary of the farm forestry resource. There are approximately 16,500 farmers who manage more than 160,000 hectares of forestry in Ireland. The farm forest resource is fragmented with an average plantation size of eight hectares. The age distribution of these forests is young; most of the forests were established during the past two decades, with approximately 20% entering first thinning stage. The potential of the farm forestry resource for rural development is enormous. A recent report forecasts that the overall net roundwood production from privately owned forests will increase from 380,000 cubic metres in 2010 to just under 3 million cubic metres by 2028. The current value of that is approximately €1.8 billion to the economy each year. The production potential of the farm forestry resource is not currently being realised. A number of obstacles have been identified including the cost of harvesting, economies of scale and the size of forests and access. This means that the income generation, employment and other associated economic benefits are being lost to the local economy.

We have serious concerns that the proposed amendment to section 4 will be another obstacle to the farm forestry sector reaching its production potential, as many farmers choose a non-thin management policy. First thinnings are not profitable operations. In the case of farm forests they typically yield a small profit that goes towards the cost of road construction. The forest road grant only covers a maximum of 80% of the road construction costs.

The cost of preparing, seeking planning permission and in some cases dealing with appeals could make thinning cost prohibitive and lead farmers to a totally different forest management regime. The imposition of planning, and the subsequent costs, would make the thinning of many, and clearfelling of quite a few farm forests unsustainable. The direct consequence would be poorer or no management, which would lead to a significant loss in quality and value to the State and to farmers.

The financial loss to the State could be far greater if Ireland opts to include the carbon effects of forest management in its national greenhouse gas inventories. Article 3.4 of the Kyoto Protocol allows annex 1 countries to include the carbon effects of management of existing forests in its national greenhouse gas inventories. Reduced management would mean that the carbon sequestration effect achieved through forest management would be reduced and would cost the State millions of euro in carbon credits. Non-thin management regime would also lead to rural job losses in road construction and downstream timber processing. The knock on effect to the emerging wood energy market would be devastating as the volumes would be unavailable. It is estimated that to achieve Ireland's 2020 renewable energy target 4.3 million tonnes of biomass will be required per annum. It is envisaged that forest thinnings will form a significant proportion of the required volumes.

The proposed amendment is an unnecessary barrier to the mobilisation of the farm forestry resource, particularly when one considers that most forests open on to secondary and tertiary roads; there are often very limited options for exiting a forest on to a public road; and the level of traffic on the forest road is very limited.

The average conifer forest has a 40 year rotation, of which 25 years is productive. In an average eight hectare plantation forest the potential output is 4,000 tonnes. This equates to about 200 truckloads over the rotation of the crop. In reality the traffic is concentrated during thinning and clearfell operations for a couple of weeks at a time.

The Department of Agriculture, Fisheries and Food currently govern forest roads and entrances. It has built up a substantive and well-regulated process, which is codified in the following publications: Code of Best Forest Practice; Forest Road Manual — Guidelines for the Design, Construction and Management of Forest Roads; and Forest Road Grant Scheme.

There is considerable emphasis on safety throughout the various road construction phases. In addition, the Forest Service refers applications to the local authority on the issue of road safety in respect of all proposed new entrances or lay-bys on to a public road. This ensures that all new forest road entrances satisfy the safety requirements of the local authority.

If there is demand for increased regulatory control, we suggest that the construction of new forest roads that involves opening of access to a public road be brought under a regulatory controlled forest consent system, similar to the one that currently operates for afforestation. Afforestation is not exempted under the Planning Act 2000 but power has been transferred to the Minister for Agriculture, Fisheries and Food through a forest consent system regulatory regime.

There is no doubt that the enactment of the proposed amendments could seriously damage farmer participation in the afforestation programme. The uncertainty would mean that farmers would need to obtain pre-planning for any likely road or entrance at time of planting to guarantee that access would be available to remove the timber produce. This could negatively impact on our climate change strategy and renewable energy targets.

The priority must be to support farmers' participation in forestry as an alternative land use and encourage mobilisation of the farm forestry resource. Despite the recession the demand for wood increased in 2010. To mobilise more wood it is crucial that an adequate forest road network exists and the farm forestry sector must not be hindered. If supported, the value to the economy is significant. If production forecasts are achieved by 2010, the farm forestry sector has the potential to contribute up to €55 million to growers over the period and yield in the region of €3 billion to the Exchequer.

The IFA strongly opposes the proposed changes in the Planning and Development (Amendment) Bill 2009 to section 4 of the Principal Act.

I thank Mr. Hennessy for explaining the position. He suggests that farmers need to obtain pre-planning for any likely road entrance at the time of planting to ensure they have an entrance when required. What is the timescale between planting and the need to use that entrance?

Mr. Pat Hennessy

Generally, for conifer plantations it would be in the region of 14 to 18 years. For broadleaf plantations it may be earlier at, perhaps, ten to 12 years.

Something we will have to consider is obtaining planning permission today for an entrance that may not be needed. The planning may elapse if the gate is not opened up. I am not sure how that works.

I welcome the IFA delegation and thank it for drawing to our attention the issue of access which would be deemed to be unauthorised if one went ahead with it unofficially and which will no longer be required as exempted development. Basically, what the delegation wants is that section 4 be left as it is without introducing any change to exempt it. Is that all that is required?

Mr. Pat Hennessy

Yes, under the present system it is regulated by the fire service acting for the Minister for Agriculture, Fisheries and Food. If one is putting in a forest entrance, the matter is referred to the local authority to see if there is an issue with safety as one emerges on to the road. The Department of Agriculture, Fisheries and Food provides permission and supervises the construction of the road to the required health and safety standard.

Is the local authority contacted to see if there is an issue about safety?

Mr. Pat Hennessy

Yes.

I am happy with that.

I welcome the IFA delegation. Like Deputy Hogan, I fully support what has been suggested. The exemption should exist as in the past. Does the Minister for Agriculture, Fisheries and Food grant a permit rather than planning permission?

Mr. Pat Hennessy

Yes, forest roads and entrances are exempt from the planning regime.

I live a quarter of a mile from a forest and most of the forest entrances are on class 2 county roads, with very few on regional roads or national secondary roads. The majority involve cutaway bogs although some of the newer forests are in better land in County Meath that we never thought we would see under forests. Times have changed and farmers have considered alternative types of farming such as forestry. The majority of forests are located off back roads, class 2 or class 3 roads. Coillte has made tremendous improvements. We remember a time when they were loading on class 3 roads but now 80% grants are available from the Department of Agriculture, Fisheries and Food. These have improved the road entrances to forests and have provided loading bays in the centre of the forests so there is no such thing as loading on the roads. There is plenty space for turning. We should fully support this matter because it is crazy to seek changes at this stage.

I thank the IFA for its presentation. Will this plan apply across the board in respect of all roads and all entrances to forestry areas or is it specifically relating to a different classification of roads? Does it apply to county roads, regional roads and national roads? An entrance on to a national road will cause some concern if people are using it for parking or using it to pull in.

Mr. Pat Hennessy

It applies across the board.

That is a ridiculous situation. Let us take the example of a farmer who makes a road through his farm to service his land. This is a similar case, where one is serving the forestry. How often will it be used during the year? This must be dealt with because it is ridiculous and amounts to an additional cost to the farmer to get planning permission. Are there are exemptions under this Bill? I have not read up on this Bill. Will this legislation apply to all categories?

Deputy O'Sullivan's concern is for national primary or secondary roads. Are we agreed there should be——

This is a different situation completely.

It probably does not arise, which is what Deputy O'Sullivan is trying to tease out.

It is a different situation.

Ms Geraldine O’Sullivan

The proposal is to remove the exemption that existed in the old legislation. Any forestry road that involves an opening on to a public road will require planning permission. We already have a code of best forest practice, which concerns how roads should be constructed. A road engineer is brought in for construction of the road. A manual is published by the fire service and COFORD and there is a grant scheme. The fire service refers the application to the local authority. If there are concerns about the primary road, any need for additional regulatory controls should be brought under a forest consent system whereby the referral is compulsory. This is preferable to planning permission, which opens up additional cost to farmers. This is a major issue. Forest thinnings are not a profitable enterprise. The returns accrue in year 15 to year 20 and one does not get anything for another five years. Any additional costs will deter farmers and private forest owners from thinning. This will have a major effect on the wood supply for saw milling sector and the wood energy sector. It is unnecessary when we have such strong standards in place.

The delegation is asking that the exemption for forestry road access to public roads should continue for small forestry operations. What about commercial forestry operators? I refer to Coillte and big operators. Does the delegation not represent them? Some farmers could be seen as large commercial operators.

Mr. Pat Hennessy

This should apply to all farmers.

One needs planning permission when planting a forest. Is this the case if it is near a built-up area?

It is still exempt but one must receive consent.

Is consent required from the local authority or just the Department of Agriculture, Fisheries and Food?

Ms Geraldine O’Sullivan

If it is classed as a high amenity area, one must receive planning permission. If the area is not classed as a high amenity area, planning permission is not required because of the exemption under a statutory instrument. The forest consent system allows the Department of Agriculture, Fisheries and Food to manage it. Planning permission is not required for afforestation other than in high amenity areas or highly scenic areas.

One might as well say that a man with 300 acres of potatoes or 500 acres of corn should have to seek planning permission to go in and out of his land. It is not much the same thing? It is crazy.

Mr. Pat Hennessy

There is less traffic in a forest because its operation comes into effect every few years for a short period.

Ownership is levelling out now. Previously, Coillte had 90% of the forests and now the proportion is 60% or less. Within a few years the volume of timber coming from the private sector will equal that from Coillte. The industry depends on this. Counties with sawmills have put their people on short working time. They cannot get timber from the private sector because the roads are not in place. There is a shortage of timber from Coillte. It is available from the farmer foresters but it cannot be accessed because of the lack of roads. The industry employs in the region of 16,000 people and is becoming more dependent on farm forestry. If roads are not built and farmers must go through the regulatory system of planning permission, people will be put off the thinning policy. The potential of the money the State has invested in forestry will not be fully realised.

I have one question. It is Government policy to encourage small farmers to become involved in forestry. Has the IFA sought or obtained the support of city and county councillors for the proposal?

Mr. Pat Hennessy

Yes, we have sought the support of county councillors all around the country.

Is there a third party objection mechanism in place for the public? Can members of the public make observations or submissions to the Department of Agriculture, Fisheries and Food?

Ms Geraldine O’Sullivan

Yes. For all applications, the townland and area to be planted are shown on the Department's website. Anybody can object within six weeks.

It is an open system.

Ms Geraldine O’Sullivan

It is totally open and transparent. The information used to be printed in the newspaper but that is reserved for scenic areas.

There is a general understanding of the issue across the board. We will raise it with the Minister before Committee Stage of the Bill is taken on 15 June. We will communicate with departmental officials to get the appropriate wording. Essentially, the committee wants the Department to drop this particular subsection.

I thank Mr. Hennessy, Mr. Fleming and Ms O'Sullivan from the IFA. We receive a lot of e-mails, but it is only when we talk to people directly that we get to the nuts and bolts of an issue. We thank the delegation for its assistance in that regard.

Mr. Pat Hennessy

I thank the Chairman and members for agreeing to meet us and giving us their support, which we welcome.

The joint committee adjourned at 5.35 p.m. until 3.30 p.m. on Tuesday, 1 June 2010.
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