High profile environmentalist opposes Laois slurry tank and slatted shed

A Laois farmer's plan to build a slatted shed and slurry tank has been stalled, with an appeal lodged to An Coimisiún Pleanála by one of Ireland's most high-profile environmental.

Laois County Council had approved an application in February 2026 made by Mary Kerr of Cashel, Portlaoise, to construct a slatted shed with roofed area of 123.2 sqm and an underground tank, to be built in Cullenagh, Timahoe.

The council concluded that the development would have no likely significant effects on the Natura 2000 network and had said that an Environmental Impact Assessment was not needed. 

Laois planners said that the site of the proposed development is located within an existing farmyard which contains a number of farm sheds and a hardstanding yard area in the rural townland of Cullenagh.

"A screening for Appropriate Assessment Report was prepared and is appended to this report. It concludes that no likely significant impacts are predicted due to the nature of the proposed development.

"It is considered, having regard to nature, size and location, the proposed development would not be likely to have significant effects on the environment. Therefore, EIA  is not required."

However, Peter Sweetman, of Wild Ireland Defence CLG based in Cork and Dublin, had made the only submission to the original application, reminding the council planners of their legal responsibility to request and consider assessments under the Habitats Directive and Water Framework Directive.

Now appealing the approval decision, he claims that the planning authority "failed to carry out the assessment," which he believes is required under article 6.3 of the Habitats Directive.

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In his submission, Mr Sweetman had pointed to a finding from a previous case he won to show that assessments are required.

"The possibility of there being a significant effect on the site will generate the need for an appropriate assessment for the purposes of Article 6(3). The requirement at this stage that the plan or project be likely to have a significant effect is thus a trigger for the obligation to carry out an appropriate assessment."

Mr Sweetman also said that "The threshold that any decision to grant permission must pass in this context is explained in paragraph 44 of CJEU Case 258/11 'So far as concerns the assessment carried out under Article 6(3) of the Habitats Directive, it should be pointed out that it cannot have lacunae and must contain complete, precise and definitive findings and conclusions capable of removing all reasonable scientific doubt as to the effects of the works proposed on the protected site concerned.'

"This is a strict standard, and the Planning Authority does not have legal jurisdiction to give permission if it is not met. Fourthly the development must be assessed for compliance with the requirements of the Water Framework Directive," the submission said.

Mr Sweetman has taken on many Irish legal cases on environmental grounds, including cases taken by the Cullenagh group People Over Wind.

The appeal case is due to be decided by July 7, 2026.