Loughs' Agency and Donegal County Council investigating works carried out to Donegal river

The Loughs' Agency has launched an investigation into works carried out on a river bed on Glackmore Hill in Inishowen, Donegal Live can exclusively reveal.

The works are also subject of “enforcement action” by Donegal County Council.

An Enforcement Notice sets out the requirements of the Council to rectify the offence and also contains a time-frame, within which the work must be completed.

Non compliance with an Enforcement Notice is an offence. Should any person served with an Enforcement Notice fail to comply with its requirements, the Council may institute legal proceedings in the District Court.

Speaking to Donegal Live, Joe McGonigle (James Eoghain), a Glackmore Hill landowner, said he first became aware of the works a fortnight ago.

Mr McGonigle described the river bed as having been “dug up with big massive rock hammers, buckets and everything else.”

He added: “The river is gone. It is piped. It is a concrete slab. There is no river any more.” Mr McGonigle also expressed concern about two other streams in the vicinity, which may suffer similar fates.

Donegal Councillor Terry Crossan (Sinn Féin) explained Glackmore River flows into the Aught River, which is a tributary of the River Foyle.

Cllr Crossan, who arrived on Glackmore Hill as the works in question were being carried out, confirmed “all tributaries of the Foyle come under the Loughs' Agency remit.”

The Loughs' Agency was one of the six North / South Implementation Bodies established under the Good Friday Agreement. Its remit covers the water catchment areas of Lough Foyle and Carlingford Lough, which are sea loughs.

Cllr Crossan explained: “Glackmore River flows into the Aught River, which is a tributary of the Foyle. All tributaries of the Foyle come under the Loughs' Agency's remit.

“When I saw what was being done to it, I knew straight away there was a problem. The developers would have needed a Section 47 to carry the works they were actually doing. They were putting a new culvert in to make a new road for access, to bypass an existing entrance.”

According to the Loughs' Agency website: “Section 47 of the Foyle Fisheries Act 1952 permits the removal of river bed material from the freshwater portion of any river in the Loughs Agency’s area. Loughs Agency, Foyle, Carlingford and Irish Lights Commission (FCILC) may, by permit in writing, and subject to any conditions specified in the permit, authorise any named person to do such things as may be specified in the permit. A Section 47 permit authorises the holder to carry out activities which may otherwise be illegal.”

Cllr Crossan added: “All those wee tributaries are potentially spawning grounds for salmon and sea trout. In autumn time into winter time, that's when salmon and sea trout migrate up those streams to spawn.

“No-one is actually allowed to interfere with the bed of any of any of those streams because its in a gravelly area, where the fish go and spawn.

“I saw straight away that the bed had been interfered with and I was positive they required a Section 47. When I challenged them about that, they dismissed me.

“I then contacted the Director of Conservation and Enforcement in the Loughs' Agency and it sent somebody out straight away.

“The minute they came and saw what had happened, they acted immediately by cautioning the gentleman who was in charge of operations. They read him his rights, videoed him and audio recorded him with a view to prosecution. I cannot really say anything else because the matter is now sub judice,” said Cllr Crossan.

Cllr Crossan confirmed the Loughs' Agency “had halted the work.”

He added: “However, the way the river was left, there was a barrier created, which meant it was no longer a viable potential to migrating salmon to go any further.

“My information was the developers then employed an environmental expert who negotiated with the Loughs' Agency to give them a temporary, emergency Section 47, to allow them to create a straight way through the forest.

“The works were actually more extensive than I had imagined they were going to be. However, I would be sure there is now free movement but the beauty of the stream has been seriously compromised and there is no arguing over that.

“The developers mitigated for the barrier that had been created in their initial operation and made a straight flow onwards up the stream without any impediments,” said Cllr Crossan.

In terms of other planning issues on Glackmore Hill, Cllr Crossan raised concerns regarding new roads, which have been created in the area.

He confirmed he had contacted Donegal County Council's Chief Planner and had been assured if there was any non compliance with the original conditions that had been set out, Donegal County Council would take action.

Cllr Crossan added: “I would rather have seen Glackmore River remaining as it was but the works have been carried out.
“It no longer looks as it did. Whether it will have any adverse effect on the life in the river, I'm not sure.”

At the time of going to press, the Loughs' Agency had not responded to Donegal Live query on the Glackmore River.

The Garda Press office said: “Gardaí are aware of an incident at the Glackmore River. No further information is available at this time.”

The Environmental Protection Agency said: “Enforcement have confirmed that we have received no calls going back to January 1, 2018 that description.

“Typically culverting and matters of planning permission are not those in which the Environmental Protection Agency has a remit, as we are limited to the statutory environmental duties of a local authority.”

In a statement to Donegal Live, Donegal County Council said: “As this matter is currently subject to enforcement action, Donegal County Council is not in a position to comment.”