Dúchas, the Heritage Service, at first strongly recommended that planning permission should be refused for a major residential development in Athlone and later reversed its position, according to official documents.
The proposed development of 32 apartments and 57 townhouses at Big Meadow, south of the town, was subsequently rejected by An Bord Pleanála because the site in the Shannon callows adjoins a breeding area for corncrakes.
In March 2000, while the planning application from Noel Heavey and Partners was under consideration, Dúchas told Athlone UDC that 40 per cent of the site lay within a Special Protection Area (SPA) for wild birds, including corncrakes.
The letter from Dúchas noted that the Big Meadow callows hosts notable numbers of wintering waterfowl, notably Whooper Swans, as well as Wigeon and dabbling duck. But its "chief value" lay in the presence there of corncrakes.
"The corncrake . . . is globally endangered." it said. "As the State authority with responsibility for nature conservation, Dúchas . . . is required to ensure that all such species . . . are afforded the highest possible levels of protection."
Advising against approval, Dúchas again wrote to the UDC in May 2000 warning that the proposed development would have "a significant adverse impact on the environment" and would be in breach of the EU Birds Directive.
Less than three months later, however, it reversed its recommendation following a "comprehensive review" of the Big Meadow area and notified the UDC that the site "is not within any proposed or candidate conservation area".
But while Dúchas said it was now "satisfied" the proposed development "will not have a significant negative impact on any important habitat or conservation area", it was still concerned about the possible adverse effects on corncrakes.
These birds, which nest on a nearby site, could be disturbed by "the likely increase in human and domestic pet traffic which would undoubtedly result from a development of this size" as well as by light from the proposed apartment buildings.
However, it said these concerns could be addressed by measures to ensure that the site is screened for light pollution and the erection of "a people pet-proof fence" to cut off and prevent access to or from the adjoining Big Meadow.
According to documents obtained by Friends of the Irish Environment under the Freedom of Information Act, Dúchas was worried its initial objection could be undermined by "contradictory" designation maps of the area.
Noting that Noel Heavey and Partners, who had acquired the one hectare site in 1979, had appealed its designation as an SPA, Mr Pat Warner, of Dúchas, said it was "going to be subject to critical scrutiny . . . and must be based on robust science".
He recommended that the site "has to be removed" from the designated area "since it contains nothing which would attract designation under the Habitats Directive". It was also "not a good corncrake habitat", compared to other areas.
"I don't think it amounts to significant deterioration of habitat to loose circa 1 hectare of unsuitable and dangerous habitat in an area where there are very large areas of better, safer habitat. I therefore do not think we should oppose the development".
Though Birdwatch Ireland would undoubtedly disagree, Mr Warner said their advice "will be conditioned by their role as an NGO (non-governmental organisation) with a very extreme interpretation of the precautionary principal" (sic).
A spokesman for Dúchas said yesterday there had been "an error in the original statutory designation of the SPA", which was now being remedied. Its review had also found that the site was "not an integral part" of the Shannon callows.
"It is important that there should be no confusion between the alleged value of the proposed development site for corncrakes, which Dúchas rejects, and the value of the adjoining callows, including most of the area known as Big Meadow."
However, in upholding Friends of the Irish Environment's appeal, An Bord Pleanála ruled that the proposed development would cause disturbance to the habitat of the corncrake, "a globally endangered species" and would therefore be contrary to proper planning.
Two other reasons cited by the appeals board related to the potential for local traffic hazards if the site was developed and the fact that it is located in the floodplain of the Shannon and, though raised by a metre, could be prone to flooding.
Contacted yesterday, Mr Noel Heavey said the issues involved were very complex and he would prefer not to comment on the board's decision until he had fully considered the planning inspector's report on which it was based.
