An appeal against a Special Area of Conservation (SAC) designation was adjourned in Ballinrobe, Co Mayo, yesterday. A new hearing will take place in Athlone in two weeks.
The case marks the first time a representative from the SAC Alliance - set up to defend the rights of smallholders with no other redress when their land is designated SAC - acted on behalf of the appellant.
Ms Marie Gibbons, who lives on the shores of Lough Mask, appealed a decision by Duchas to designate some of her land as SAC. SACs were introduced under the EU Habitats Directive 1997.
"This environmental legislation gave almost complete protection to flora, fauna and habitats to the exclusion of all else, including people," said Ms Sile O'Connor, secretary of the SAC Alliance.
Under the appeals system, Duchas sends a list of approved ecologists to the appellant. The term "ecologist" is used to describe all those who work in the environmental sector. Appeal assistance of up to £1,000 is also available.
Yesterday's case marked the first time the Duchas list of ecologists was ignored. "We discovered that some ecologists who were appealing cases were the same ecologists who designated them in the first place," said Ms O'Connor.
The SAC Alliance met opposition from Duchas when they proposed using their own ecologist, Mr Martin Lavelle, an engineer. When Mr Lavelle threatened to report the matter to the Institute of Engineers of Ireland, Duchas agreed to let him represent Ms Gibbons.
Mr Lavelle yesterday went before an appeal board chaired by the former ombudsman, Mr Michael Mills. There were three others on the board, Mr John O'Connor, (ICMSA), Mr Ralph Sheppard (Birdwatch Ireland and NGO representative) and Mr Des Crofton, (NARGC, National Association of Regional Game Councils).
Mr Mills told the appellant that the case had been adjourned for two weeks because the board could not agree on a decision and because the IFA member was absent.
Representatives of over 7,000 farmers and other landowners who are experiencing difficulties operating in SAC-designated areas will meet in Athlone on Friday night to plan a strategy.
A spokesman for the SAC Alliance said last night farmers and property owners found themselves unable to extend properties, build homes or farm as normal in the designated areas.
The meeting, which begins at 8 p.m., will take place in the Royal Hoey Hotel.