An Taisce may take legal action to prevent a golf course being laid out on the dunes at Inch strand in Co Kerry following a decision by An Bord Pleanala that the proposed development does not require planning permission.
The board ruled that the proposal for the sandspit made famous by the film Ryan's Daughter is exempt from planning control because it began before new regulations took effect in May 1994.
The 1994 Planning Regulations ended the long-standing exemption under which golf courses could be developed without having to obtain prior permission other than for the clubhouse element.
Before the revised regulations took effect on May 16th, 1994, Dr Arthur Spring, the most successful golf course developer in the south-west, began preliminary work on his Inch scheme.
Dr Spring told The Irish Times that the work was "held up for 2 1/2 years while Kerry County Council considered whether it was exempt or not". The council, as the relevant planning authority, eventually decided it was.
The National Parks and Wildlife Service, fearing damage to a proposed special area of conservation (SAC) under the EU Habitats Directive, obtained a court order to halt it. The issue was ultimately referred to An Bord Pleanala.
In its ruling, signed by its chairman, Mr Paddy O'Duffy, the board said the regulations made earlier this year to give statutory backing to SACs did not apply because it involved a "reference", rather than a planning appeal.
Ms Jeanne Meldon, national planning co-ordinator of An Taisce, said this appeared to be a loophole in the SAC regulations, which were meant to protect rare wildlife habitats of European importance from development pressures.
"It is a matter of very serious concern to us that an area which has been described as the finest dune belt in Kerry could be threatened by a golf course, and we will be pursuing this further to see if there is any way to stop it."
Ms Meldon said the sand dunes at Inch contained a good sample of flora and fauna while the adjoining mud-flats provided a winter feeding ground for wild birds.
"Sand-dune systems are rare in the European context, and this is why an unspoilt site such as Inch is so important, yet no assessment has been carried out to ascertain if the proposed golf course will adversely affect the site."
She said An Taisce was calling on the Minister for Arts and Heritage, Ms de Valera, to use her powers under the habitats legislation to prevent any work being carried out until there was an independent environmental impact study.
But Dr Spring said there had previously been a golf course at Inch Strand which "didn't do any harm to the place", and he was only upgrading it to 18 holes, a plan favoured by 96 per cent of local people.
"Inch has been devastated by unemployment and emigration, and there's no possibility of getting factories into the area. The golf course would draw in tourists, generate employment and never close down," he said.
Asked about its environmental impact on the SAC, Dr Spring said he could not comment on this aspect of the scheme as it was due to come before the High Court on November 3rd.
"We're preparing our case for the court," he added.
