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An Taisce – The National Trust for Ireland | Tailors’ Hall, Back Lane, Dublin, D08 X2A3, Ireland | www.antaisce.org

Company 12469 | Charity CHY 4741 | Charity Regulator No. 20006358 | +353 1 454 1786 | info@antaisce.org | Directors: J Leahy, M Mehigan, D Murphy, B Rickwood (UK), C Stanley Smith (UK), A Uí Bhroin, P Kearney, J Sweeney

20170216-ABP-860 An Bord Pleanala 64 Marlborough Street Dublin 1

16.02.17

Ref: 15/860 App: Broofield Renewable Ireland Ltd For: Permission for the construction of a wind farm comprising 11

no. turbines with a maximum tip height of up to 131m and associated turbine foundations, hardstanding areas and drainage, tree felling and replanting, 8 no. clear span stream crossings, upgrade of existing and provision of new site tracks and associated drainage, 3 no. borrow pits and 2 no. material storage areas and associated ancillary infrastructure, use of an existing access junction to the proposed development from the public road, all associated drainage, onsite electrical substation including two control buildings and welfare facilities, a wastewater holding tank, and groundwater well, fencing, and associated ancillary infrastructure, underground MV electrical cabling and associated communications cabling between the turbines and proposed onsite substation, underground HV electrical cabling and associated communications cabling between the proposed onsite substation and the permitted Slieve Callan substation (planning reference 13/558), temporary developments/works associated with the construction phase including 1 no. temporary construction site compound and associated ancillary infrastructure. A ten year planning permission is sought for this development. An Environment Impact Statement and a Natura Impact Statement accompany this application.

Site: Doolough, Booltiagh , Shanavough East , & Others, Co. Clare Dear Sir/Madam, In accordance with the provisions of Section 37(1) of the Planning and Development Act, 2000, as amended, An Taisce wishes to appeal the decision on 20.01.17 of Clare County Council to grant permission for the above application. Further under Section 145 of the Planning and Development Act 2000, as amended, An Taisce is applying for the expense of this appeal. As a charitable organisation

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with limited resources, where most of the work is carried out by volunteers, and irrespective of the result of the appeal, we seek a return of the €110. Clare County Council issued a formal order to grant permission on the 20.01.17. It is noted the closing date for an appeal is the 16.02.17. An Taisce ask An Bord Pleanala to overturn the decision by Clare County Council. Please acknowledge receipt of this appeal and advise us of any decision made. Yours Sincerely, __________________________ Fintan Kelly Natural Environment Officer Doireann Ni Cheallaigh Planning Officer An Taisce – The National Trust for Ireland

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1.0 Site Location The subject proposal represents a northerly extension of the Booltiagh Windfarm (Phase I & II). The site is primarily a peat land or modified blanket bog site that is now for the most part commercial conifer plantation. Additionally, it is noted that the site includes areas of transitional woodland scrub, peat bog and Wet Heath which is also present on site and is an Annex I Habitat under the Habitats Directive. The area is also important for Hen Harrier population.

2.0 County Clare Wind Energy Strategy The application site is located within a ‘Strategic’ area, outlined in the Wind Energy Strategy (Volume 5, Clare County Development Plan 2011-2017). The criteria afforded to the designation of ‘strategic’ areas are identified in Section 2.6.1 and include:

Variable wind speeds; Proximity to grid;

Slopes less the 15 degrees; Excludes all cSACs, SPAs and NHAs; and 4000m from properties s receiving post (residential and commercial)

Specific Objective WES Eight: ‘Strategic Area’ states that:

These key areas are considered to be eminently suitable for windfarm development and are of strategic importance because of:

Good/excellent wind resource Access to grid Distance from properties Outside any Natura 2000 site

Projects within these areas must:

Demonstrate conformity within existing and approved wind farm to avoid visual clutter

Be designed and developed in line with the Wind Energy Development Guidelines in terms of site, layout and environmental studies

Provide a Habitats Directive Assessment under Article 6 of the Habitat Regulations if the site is located in close proximity to a SAC or SPA

Be developed in a comprehensive manner avoiding the piecemeal development of the areas designated as ‘strategic’

Notwithstanding the ‘strategic area’ designation, the location of wind farms should be site specific and consider and range of issues including for eg. non-designated

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sites, habitats and species. The designation of an area as a ‘strategic’ location for wind farms does not solely justify such development. Applications in these areas need to demonstrate compliance with EU, national and local policy and objectives. Section 3.0 of the subject appeal highlights the application site’s importance for Hen Harrier. Section 5.2.2 of the Wind Energy Development Guidelines states that:

The extent to which birds will be impacted by wind energy developments will vary depending on species, season and location, and these impacts may be temporary or permanent. Those species groups considered to be most at risk are raptors, Swans, Geese, Divers, breeding waders and concentrations of waterfowl. Potential impacts on migratory birds and local bird movements between breeding, feeding and roosting areas require careful consideration.

Proposals for development should demonstrate that there would be no direct or indirect impact on protected species or their habitats and that there would be no negative impacts on local biodiversity or wildlife corridors.

3.0 Hen Harriers

The potential impact on Hen Harriers is the main grounds of this appeal.

The Hen Harrier is a species identified for protection under Annex I of the Birds

Directive. The application site is not located within an SPA, however, under Article 4

of the Birds Directive, Member States are required to strive to avoid pollution or

deterioration of habitats of interest in areas outside specifically identified protection

areas.

3.1 Hen Harrier Decline

Based on best available evidence in the field, the Hen Harrier is Ireland’s rarest

declining resident breeding bird species listed on Annex I of the Birds Directive. The

last two quinquennial national breeding Hen Harrier surveys undertaken in 2010 and

2015 show that the breeding Hen Harrier population, both nationally and in the six

Special Protection Areas (SPAs) designated to protect this iconic upland breeding

species continue to decline (Ruddock et al., 2012; 2016).

Overall, nationally the following has been recorded:

15% decline in confirmed breeding pairs in the last 5 years;

a 33% breeding population decline in all areas studied in every national

quinquennial survey over last 15 years; and

a 52% decline in estimated breeding pairs over the last 40 years.

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Based on the 2010 and 2015 National Breeding Hen Harrier Survey data it is clear that

the area is extremely important for Hen Harrier.

It is one of the areas which has undergone the greatest decline in breeding pairs. This

decline corresponds with the loss of foraging and breeding habitat, the maturation of

commercial forestry and the construction of a number of wind farms locally.

3.2 EIS and Site Potential

The EIS for the subject proposal states that ‘the land cover within the wind farm study area is primarily that of commercial forestry. According to the habitat survey carried out for the site, land cover within the wind farm study area comprises a mixture of coniferous forestry (91%), with small patches of transitional woodland scrub and peat bogs making up the remainder. As all turbines and the majority of the associated infrastructure are located on commercial forestry plantation, felling of coniferous forestry is required within and around the wind farm infrastructure to accommodate the construction of turbine foundations, hard stands, crane pads, access tracks, material storage areas, borrow pits and substation. Tree felling as a result of the subject proposal will amount to approximately 31.7ha. Turbulence felling is also required at the site will amount to approximately 94.6 ha. A further 12.55 ha of felling is required for the Habitats and Species Management Plan lands, as a habitat enhancement measure to benefit hen harriers in the local area. The total area of the felled amount to 138.9 ha.’

It is noted that the commercial forestry plantations consist predominantly of first

rotation closed canopy plantations making up 96% of the total forest area. The EIS

states that the age classes present are dominated by large blocks of semi-mature and

mature closed canopy plantations (>10 years). 1 In effect, at the time of application,

the subject site consisted of closed canopy commercial forestry.

It is important to note that Hen Harriers favour foraging and nesting in pre-canopy

closure commercial forestry and actively avoid breeding or foraging within or

over closed canopy forestry. According to the 2015 National Hen Harrier Breeding

Survey Hen Harriers were most frequently recorded to forage in open non-afforested

habitats (51.3%) compared to afforested habitats (40.6%) but recorded more

frequently to nest in second rotation forest (59.3%) than heather moorland (25.9%).

Breeding success was higher per confirmed breeding pair (45.4%) than recorded in

other studies but productivity was low (0.94 young per confirmed breeding pair)

compared to published studies (Ruddock et al., 2016).

Despite the unsuitability of the site for Hen Harriers at the time of surveying it is

significant that the bulk of sightings (27) in the 2014 breeding season survey Bird

Surveys are comprised of adult Male Hen Harrier, with three sightings of ringtail Hen

1 This >10 year timescale of closed canopy forestry coincides with the regional declines in the Hen Harrier population in the North and West Clare area as identified by the 2015 national Hen Harrier breeding survey.

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Harriers (probably adult female), one sighting of a Hen Harrier pair (male and female

together) and one unconfirmed Hen Harrier sighting of unknown sex/age. Hen Harrier

were observed in all months apart from August. A total of 32 Hen Harrier flight lines

were recorded in the EIS project area.

The EIS states that there was an absence of breeding sites on site or consistent

commuting routes but fails to relate this to the almost complete absence of nesting

habitat on site at the time of surveying. The EIS states that “no display or courtship

behaviour was observed in this area at any stage during either VP study or hinterland

study and no other behaviour indicative of a nest site was observed (e.g. food pass).

It is therefore considered most likely that this is just a foraging area for Hen Harrier

breeding elsewhere or for non-breeding individuals.” This conclusion is misleading

without qualifying that the reasons that there is no breeding behaviour or nesting

observed on site is the dominance of closed canopy forestry at the time of survey.

Given the obvious presence of adult and sub-adult Hen Harriers on site and the

preference of Hen Harriers Nationally for pre-thicket forestry as a nesting habitat it is

highly likely that the site would support breeding Hen Harrier and foraging Hen Harrier

during later stages of the forest rotation cycle.

It is our considered opinion that the EIS and in particular the surveys for breeding and

foraging Hen Harriers is fundamentally flawed as the assessment was based on a

period of closed canopy commercial forestry and does not accurately identify the value

of the habitat on site post felling.

3.3 Potential Outcomes

If the status quo within the site is maintained and the wind farm is not constructed

then as forestry is felled it will provide foraging and breeding habitat for Hen Harriers.

If the wind farm is constructed then it is likely that over the full cycle of the forestry

on site, the regional Hen Harrier population would be negatively impacted. Such

impacts may occur as a result of:

The loss of habitat on site and in adjacent lands due to disturbance.

Increased levels of mortality due to hen harrier collisions with wind turbine

blades - the felling of forestry on site is likely to attract foraging Hen Harrier

and unintentionally increase the likelihood of collisions.

(Evidence for the above assertions is identified in Annex I)

The decision to approve this application has not adequately taken into account the

seriousness of the national regional decline of the breeding Hen Harrier population

nor did it consider the consequences of the outlined negative impacts outlined in this

context.

It is our considered opinion that the subject proposal would be contrary to 17.8 (a)

and 17.9 (a) of the Clare County Development Plan which states that it is an objective

of the Council to:

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Ensure the protection and conservation of areas, sites, species and ecological

networks/ corridors of local biodiversity value outside of designated sites

throughout the County

and

To protect and promote the sustainable management of the natural heritage,

flora and fauna of the County through the promotion of biodiversity, the

conservation of natural habitats and the enhancement of new and existing

habitats;

3.4 Hen Harrier Activity

The Planning Authority notes that the EIS states that Hen Harriers can forage up to

5km from the breeding site whereas the recent publication ‘Hen Harrier Conservation

and the Forestry Sector in Ireland’ NPWS states that the maximum distances travelled

by remote tracking Hen Harriers from the nest was 7.5 km (females) and 11.4km

(males).

Item 2(a) of the Further Information request states that:

‘The Planning Authority notes that the EIS states that Hen Harriers can forage

up to 5km from the breeding site whereas te recent publication (March 2015

Version 3.2) ‘Hen Harrier Conservation and the Forestry Sector Ireland’, NPWS

states that ‘based on an analysis of foraging spatial data derived from the

remote tracking of three individuals from one study site the following

information if of relevance (From Irwin et al. 2012): The maximum distance

travelled from the nest was 7.5km (females) and 11.4 km (Male), which are

significantly further that the estimates for Scottish breeding birds. This may be

due to Irish Hen Harriers breeding in forested landscapes having to forage over

larger areas in order to provision their broods (at least in the Ballyhouras)”.

Having regard to same you are requested to re-appraise the findings of the

Slaghbooly EIS in light of this difference in foraging distances and submit your

response to same’.

Irwin et al., 2012 paper found that 89% of hunting tracks were within 5km of the nest

i.e 11% were greater than 5km from the nest.

Foraging distances are likely to be site specific and heavily influenced by the

availability of suitable foraging habitat. It is our considered opinion that the FI

response was inadequate in addressing the concerns raised by the Planning Authority.

In relation to Hen Harriers, the Planning Authority notes that 2 breeding pairs were

recorded in the 5km hinterland survey in the EIS whereas 6 breeding pairs were

identified by the 2015 Irish Hen Harrier Breeding Survey. In addition to this, the

Development Applications Unit of the Department of Arts, Heritage and the Gaeltacht

note the presence of a breeding pair on the site.

Item 2(b) of the Further Information request states that:

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‘In relation to Hen Harriers, the Planning Authority notes that 2 breeding pairs

were recorded in the 5km hinterland survey in the EIS whereas 6 breeding pairs

were identified by the 2015 Irish Hen Harrier Breeding Survey. In addition to

this the Development Applications Unit of the Department of Arts, Heritage and

the Gaeltacht note the presence of a breeding pair on the site. Therefore, you

are requested to review the Irish Hen Harrier Breeding Survey results 2015 and

the comments of the DoAHG to establish the reason behind the discrepancy in

numbers of breeding pairs identified in the 5km hinterland area in 2015 and

submit your finding on same’

According to the National Parks and Wildlife Service, the North and West Clare area is

within the areas in the country for designated and undesignated breeding Hen Harrier

(Appendix 1). According to the 2015 National Survey of Breeding Hen Harrier there

were 12-16 breeding pairs in 2010 and 3-9 in 2015 in North and West Clare.

According to the survey authors “Overall north and west Clare has declined

considerably since 2010 from the 12 – 16 pairs recorded, which represented the

highest numbers for this area across all national surveys. The recorded declines since

2010 are primarily the result of reduced densities in occupied squares in west Clare,

as increased activity was recorded in north Clare which held one possible pair in an

area where breeding evidence has not been recorded in previous surveys. Despite

declines since 2010, numbers recorded in north and west Clare have increased since

the 2005 and 1998 – 2000 surveys.”

Therefore based on the 2015 National Hen Harrier Survey data, 6 or potentially two

thirds of the total breeding Hen harrier population (3-9 pairs) of one of the most

important areas for breeding Hen Harrier in the country are located within foraging

distance of the site.

Two National Co-ordinators of the 2015 National Hen Harrier Survey Dr Allan Mee and

Tony Nagel confirmed that there were two confirmed nesting attempts in the 5km

hinterland of the proposed development site – one at Tullaghaboy and one near

Doolough. Both sites are in close proximity to the development site.

The National and the EIS breeding surveys have identified two breeding pairs and a

number of other possible breeding pairs with a maximum of 6 potential breeding pairs

recorded by the 2015 National Hen Harrier Survey. The DoAHG have identified one

breeding pair on the site.

The National Survey also recorded the regional breakdown of cumulative pressures to

show total number of pressure records (Pressure Index 1) and standardised (Pressure

Index 2 = total number of pressures / total number of visits to square) within 500m

and 2km of Hen Harrier territories and/or suitable hen harrier breeding habitats. The

North and West Clare study area had among the highest levels of recorded pressures

in the country (Annex II). Windfarm construction and operation would add negatively

to this.

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The 2015 breeding season bird survey also identified Hen Harrier as the most

important species on site with 34 flight lines recorded in the EIS project area. 27 of

the sightings involved Male Hen Harrier with seven sightings of ringtails. Given the

greater foraging distances of Male Hen Harriers it is possible that the observed male

Hen Harriers were part of significant regional breeding pairs. This is supported by the

identification of a nest site in the Tullaghaboy area in 2015. Dr Barry O’Donoghue also

identified a breeding pair in the Doolough in the 2015 breeding season. Such pairs are

all the more significant given the extreme regional breeding population collapse in

recent years.

According to the Winter Season Survey a total of 16 Hen Harrier Flight lines were

recorded in the EIS Project Area.

The short duration of sightings noted in the EIS is again typical of Hen Harriers

commuting through closed canopy commercial forestry. The EIS is insufficient in

providing details relating to the duration of sighting of Hen Harriers when forestry is

cleared, creating more suitable foraging habitat.

Due to the habitat potential and the high Hen Harrier activity that has been recorded,

it is our considered opinion that the proposal would have a negative impact on the

local Hen Harrier population. Due to the existing windfarms in the vicinity of the site,

it is considered that the cumulative displacements effects are likely to be significantly

negative.

As previously noted, the application proposes to fell 12.55 ha for Habitats and Species

Management Plan Lands, as a habitats enhancement measure to benefit Hen Harriers

in the local area. It is our considered opinion that this mitigation measure is inadequate

when considering the overall footprint of the subject proposal and the cumulative

impact of surrounding granted and operations wind farms.

4.0 Peat Displacement & Water Quality

As previously highlighted, the site is primarily a peat land or modified blanket bog site

that is now for the most part a commercial conifer plantation.

One of the main concerns for wind farm developments within upland areas are the issues of peat stability and loss of important habitats and species. A major problem of wind farm construction is that present standard methods for testing the engineering properties of soils do not work in peat. The correct estimation of the shear strength of the peat subsoil is one of the major aspects of assessing risk of landslip in blanket peat areas. Due to the fibrous structure of the peat, its behaviour during shear is somewhat different from that of mineral soils (e.g. soft clays) and it has been found difficult to obtain reliable values of its shear strength. To estimate the shear strength of the peat, the geotechnical engineer must use several testing techniques, both in the laboratory

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and in situ, which were actually developed for mineral soils. Whether these techniques are applicable to peat is not clear. The works involved in putting in turbines bases and associated roads, can have devastating effects on the surrounding peatland. Structures may cause peatlands to dry out over 50meters or more from the surface. The surface may then slope towards the cut surface, increasing the surface water gradient and therefore the rate of surface discharge. Thus the indirect impact of construction in such a habitat is generally far greater than the immediate footprint of the construction, as it inevitably results in lowering of the surface water table and subsequent drying out of this annexed priority habitat. Where the peat has been dried out as a result of construction, the consequent cracks in the peat can encourage water to travel from surface layers deep into the peat very rapidly. Therefore, the stability tests for the locations of the turbines must account for the drying effected associated with cut peat surfaces. There is huge potential for wind farms to have a negative impact on water quality both locally and further downstream. Where floating roads have sunk they can become easily flooded and act as channel for water flow thereby, increasing the rate of erosion. Even relatively small channels, or lines of concentrated flow, such as those generated from vehicle tracks, once they start transmitting water, have the potential to erode over time and form erosional features. An Taisce does submit that silt traps may not be effective enough to deal with the sediment loads associated with eroding peat deposits; yet silt traps would still be necessary even if peat is not deposited on site. An Taisce request that the board have regard to the above and ensure that adequate assessment on peat displacement and subsequent water quality has been carried out.

5.0 Traffic and Access

It is noted that the Road Design Office states in the report that the proposal would

involve 11,412 tonnes of timber to be removed in order to accommodate construction

and total of 25,716 vehicle movement.

The Board should ensure that the route proposed in the EIS has the capacity to

accommodate the above movements, both alone and in combination with permitted

windfarms.

In addition, it is stated in the EIS that ‘although it is not certain at this stage of the

development where the construction materials will be sourced, it is likely however that

the majority of the associated construction traffic will be coming from the Ennis

direction’. It is our considered opinion that the haul route is based on ‘assumed’

sourcing, as such, alternative haul routes may be required based on the exact

sourcing.

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6.0 Conclusion

It is our considered opinion that the proposed development not comply with the objectives and policies of the Clare County Development Plan and would have a negative impact on the important Hen Harrier population in the area. The above assertion is made based on a review of the relevant Development Plan and the Planning File pertaining to the proposed development. An Taisce request An Bord Pleanala to overturn the decision of Clare County Council.

-END-

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ANNEX I

Scientific Research for Slieve Callan Some birds are particularly sensitive to wind farm developments, largely through collision with turbines or disturbance displacement. Pearce-Higgins et al (2012) found that bird species such as Red grouse Lagopus lagopus (scoticus, snipe (Gallinago gallinago) and curlew (Numenius arquata) densities all declined on wind farms during construction. Red grouse densities recovered after construction, but snipe and curlew densities did not. Post-construction curlew densities on wind farms were also significantly lower than reference sites. Pearce Higgins et al (2009) in a study on ‘The distribution of breeding birds around upland wind Farms’ found that that seven of the 12 species studied exhibited significantly lower frequencies of occurrence close to the turbines, after accounting for habitat variation, with equivocal evidence of turbine avoidance in a further two. No species were more likely to occur close to the turbines. There was no evidence that raptors altered flight height close to turbines. Turbines were avoided more strongly than tracks, whilst there was no evidence for consistent avoidance of overhead transmission lines connecting sites to the national grid. They also found that levels of turbine avoidance suggest breeding bird densities may be reduced within a 500-m buffer of the turbines by 15–53%, with buzzard Buteo buteo, hen harrier Circus cyaneus, golden plover Pluvialis apricaria, snipe Gallinago gallinago, curlew Numenius arquata and wheatear Oenanthe oenanthe most affected. Significant turbine avoidance, extending to at least 500 and 250 m from the turbines for buzzard Buteo buteo L. and hen harrier Circus cyaneus L. respectively. Meadow pipits exhibited reduced occurrence within 100 m of the turbines, whereas the effects of turbine proximity on skylark distribution were of marginal significance (P = 0Æ06), extending up to 200 m. The avoidance of windfarms for a 250m radius will result in a loss of foraging habitat for the local hen harrier population. Likewise the reduced densities of meadow pipit and skylarks within the footprint of the windfarm and other altered habitats and hard constructions will have knock on effects for any hen harriers whose territory the windfarm fall within. Given the observed avoidance of Hen Harries within 250m of wind turbines any mitigation measures should be preferably located over 500m from the windfarm. 500m will help to prevent luring foraging hen harriers into a honey trap whereby they are more likely to collide with a blade. The as yet unpublished Wind Harrier report also struggled to find data over a 20 year period for hen harriers nesting within 1km of a wind farm. Only nine examples were found in 20 years.

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The range of negative impacts of Windfarms on Hen harriers in an Irish context have been very well summarized by O’Donoghue et al (2011) http://www.jstor.org/stable/23033868 According to O’Donoghue et al (2011) at least three hen harrier fatalities have been recorded at European wind farms and a further four northern harrier (Circus hudsonius) fatalities have been recorded by American researchers. In the only Irish programme of searches for bird collisions at a wind farm. Hen Harrier mortalities have been recorded recently in Scotland due to collision with windfarms. They have as yet not been documented in the scientific literature but they are well known. According O’Donoghue et al., 2011 a 22-year study of a Kerry hen harrier territory in which a wind farm was built in 2000 has monitored nest location and breeding productivity, and concurrent observations of sky dancing, foraging and food passes were made. Results of these observations, before and after construction of the wind farm found that distance that hen harriers nest from what is now the edge of the wind farm site has increased significantly from a pre-construction median of 140m to a post-construction median of 537.5m (Wilcoxon two-sample test: W = 77.5, P = 0.025). An apparent decrease in nesting distance in recent years (2004–2010) is not attributed to habituation to the wind farm but to an extension of the wind farm further towards the traditional nest site. Whitfield and Madders (2006) and Scott and McHaffie (2008) also referred to nest displacement. The harriers abandoned the site in 2000, the year of construction of the original wind farm. However, in 2004, when the wind farm was extended, the harriers successfully nested in the territory. While hunting rates cannot be directly compared between pre- and post-construction stages, foraging was regularly noted on-site before construction of the wind farm, but there have been a number of years since the construction of the wind farm when foraging was not recorded at all. Since construction of the wind farm, sky dancing and food passes have not been recorded within the site. The breeding productivity of the territory within which the wind farm has been built has significantly dropped since the introduction of the wind farm (Wilcoxon two sample test W = 158, P = 0.007). While 30 chicks were fledged in eleven years of pre-construction monitoring (mean productivity of 2.63), just 14 were fledged in eleven years of post-construction monitoring (mean productivity of 1.27). There have been no other significant habitat changes in the territory in question. There is a dearth of pre and post construction surveys of this nature form Ireland and elsewhere. Evidence of reduced usage by Hen Harriers of an area developed as a wind farm in Ireland has also been provided by Madden and Porter (2007). The study found a foraging rate of 18.4sec hr−1 on site prior to construction. When the wind farm was built, even with five times the amount of open foraging habitat available (when a large area of mature forestry within the site was felled), a decreased foraging rate of 8.1sec hr−1 was observed. Just one strike at prey was observed during almost 97 hours of post-construction observations. The impact on the harriers ability to successfully capture prey within the footprint of a wind farm is another issue. Hen harriers hunt aurally as much as visually. It is possible that noise generated from rotating turbines may deter hen harriers from hunting in a wind farm as much as would otherwise be expected, or it may reduce the birds’ foraging success rate. There is a dearth of studies on capture success rate unfortunately. However in the absence

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of conclusive evidence to the contrary the precautionary principle must be applied. This is heightened by the ongoing medium and short term declines in the species nationally and the large decline in the species numbers regionally. The most recent research into the relationship between breeding Hen Harriers by Wilson et al., (2016) found that the presence of wind farms is negatively related to Hen Harrier population trends in squares surveyed in 2000 and 2010, but this relationship is not statistically significant, and may not be causal. Given the strong regional and national level declines in Hen Harriers over recent decades the precautionary principle must be taken in relation to the granting of windfarm developments in regions of high importance for breeding Hen Harrier. An Taisce believe that permission for this development should be overturned

Given the importance of North and West Clare for breeding Hen Harriers

Given the strong regional declines observed since 2010

Given the body of evidence suggesting a negative relationship between Hen Harriers and Windfarm development

O’Donoghue, Barry, O’Donoghue, Timothy A. and King, Frank 2011 The hen harrier in Ireland: conservation issues for the 21st century. Biology and Environment: Proceedings of the Royal Irish Academy 111B. DOI: 10.3318/ BIOE.2011.07. Madden, B. and Porter, B. 2007 Do wind turbines displace hen harriers (Circus cyaneus) from foraging habitat? Preliminary results of a case study at the Derrybrien Wind Farm, County Galway. Irish Birds 8, 231–6. Pearce‐Higgins, J.W., Stephen, L., Douse, A. and Langston, R.H., 2012. Greater impacts of wind farms on bird populations during construction than subsequent operation: results of a multi‐site and multi‐species analysis. Journal of Applied Ecology, 49(2), pp.386-394. Pearce‐Higgins, J.W., Stephen, L., Langston, R.H., Bainbridge, I.P. and Bullman, R., 2009. The distribution of breeding birds around upland wind farms. Journal of Applied ecology, 46(6), pp.1323-1331. Scott, D. and McHaff ie, P. 2008 Hen harrier (Circus cyaneus) killed at windfarm site in County Antrim. Irish Birds 8 (3), 436–7. Whitfield, D.P. and Madders, M. 2006 A review of the impacts of wind farms on hen harriers (Circus cyaneus) and an estimation of collision avoidance rates. Unpublished report, Natural Research Ltd, Banchory, Aberdeenshire, Scotland. Wilson, M.W., Fernández-Bellon, D., Irwin, S. and O’Halloran, J., 2016. Hen Harrier Circus cyaneus population trends in relation to wind farms. Bird Study, pp.1-10.

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ANNEX II

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ANNEX III