The former owner of the Gresham Hotel, businessman Hugh Tunney, insists he is not breaking any laws and is well within his rights in clearing scrub growth from his lands at Mullaghmore, Co Sligo. Locals have been protesting there this week over what they see as the destruction of the environment.
"I have not broken any law," said the man who now owns Classiebawn Castle, the former home of Lord Mountbatten, overlooking Mullaghmore harbour and 2,900 adjoining acres. "I'm merely clearing scrub growth, nettles and briars. I'm not felling any trees at all."
A spokesman for Duchas, the heritage board, said part of Mr Tunney's land at Mullaghmore had been given "candidate" status under the Special Area of Conservation (SAC) regulations of 1997, "because it includes a good sand-dune system".
This meant, in effect, that the land-owner was obliged to consult Duchas in respect of any "notifiable activities" such as bulldozing that he wished to undertake on these lands.
Such work was carried out before consultation with Duchas in January, said the spokesman, including excavation "to improve the land from an agricultural viewpoint" to create intensive grassland from the sand-dune area.
The spokesman said the case was referred to the Chief State Solicitor's office. Mr Tunney then gave a written undertaking not to carry out any more works, and the work within the designated SAC area stopped.
The Minister for Arts, Heritage, Gaeltacht and the Islands, Ms de Valera, told the Dail in April that the situation would continue to be closely monitored in the light of this undertaking. "If any additional action is needed it will be forthcoming," she said.
"Not only is it my inclination to act decisively against wanton destruction, it is my duty, and I will not shrink from it. In the small number of cases where individuals deliberately ignore or break the law relating to the protection of the SACs, they will be subject to the full rigours of the law," the Minister added.
An analysis of the designated area on the property was undertaken on "scientific grounds" at an informal level, in response to Mr Tunney's objections to SAC status being given, the Duchas spokesman said. "If he disagrees with our view he is entitled to proceed to a formal application stage.
"It was agreed to exclude less than 10 per cent of the lands from the SAC on scientific grounds, but the bulk of the original 400 acres designated will remain." If Mr Tunney objects the situation may then be reviewed by an advisory committee, chaired by the former Ombudsman, Mr Michael Mills.
The committee's function is analogous to An Bord Pleanala's role in the planning area. "We're serving grounds now to look at the consequences of the modifications he has carried out," said the spokesman.
The result of this would determine whether a prosecution was pending or whether the matter would be subject to an appeal.
The spokesman had no comment to make on tree-felling outside the SAC area. He understood local people had been protesting during the week over the felling of sycamores, but this was not the business of Duchas.
Sligo County Council, which originally brought the matter to the attention of Duchas, concluded that the work on sand dunes was not unauthorised development.
The County Secretary, Mr Tim Caffrey, told a general purposes committee meeting of the council that it had not been evident following an initial inspection by a planning official whether the works in progress constituted unauthorised development.
Nonetheless, the council had issued a warning to the landowner and informed Duchas, he said. "There are two slurryholding tanks on the site, which do constitute unauthorised development, and the land-owner has been advised of this. He is to take measures to rectify the situation."
It had also come to the attention of the council's environmental section, Mr Caffrey said, that cattle slurry was being imported and spread on lands at Classiebawn.
Mr Enda Cawley, one of the spokesmen for the citizens at Mullaghmore, said local people were less than happy at the response of the State and local government to their protests that trees were being uprooted. The movement of the slurry tanks to comply with planning regulations was the only instance in which State agencies had effectively intervened.
But Mr Tunney was adamant that he was operating within the law. "I'm not felling trees. I had to clean a drain, a vital artery for the community. They accidentally had to take a very little tree out to get to the drain. That was the extent of the damage," he said.
As for allegations that he had put slurry on sand dunes, as alleged by Mr Cawley, Mr Tunney said: "I put slurry on land, not on sand dunes. I'm not an idiot."
Mullaghmore has a small permanent population, but is used by hundreds of "semi-residents" who come each year for the summer.
Mr Tunney said the objectors in the main were not Mullaghmore people. "They're not locals, most of them. They're blow-ins." He has lived in the area for more than 25 years and had dinner with Lord Mountbatten the night before he was assassinated.
The objectors had brought every authority they could to bear on him, without success, he said. "No trees were felled. The forestry people were here and the local council was here."