Case No. 16543Breach of EU habitats regulations (damage to a Special Area of Conservation) · Co. Kildare · 9 Aug 2021

Carton House operator appeals conviction for damaging EU-protected habitat

Belmullet Hospitality, which operates Carton House in Kildare, was found guilty of two offences under the 2018 European Union Habitats Regulations after vegetation was cut at Carton Demesne, within the Rye Water Valley/Carton Special Area of Conservation, between 9 and 12 August 2021. The vegetation was reportedly cut to remove a wasps' nest, and a National Parks and Wildlife Service official noticed significant damage on 13 August 2021. Gerard McGovern, who carried out the work, was cautioned, and the company was fined €8,000 at Naas District Court in November. The company is appealing the convictions and fines on procedural grounds relating to the proof of documents and evidence, with written submissions due 25 October and a ruling expected in December.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court22 Jul
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Belmullet Hospitality, which operates Carton House, is appealing convictions and fines for cutting vegetation in a Special Area of Conservation without ministerial consent.
Where
The vegetation was cut at Carton Demesne within the Rye Water Valley/Carton Special Area of Conservation in County Kildare.
When
  • The vegetation cutting took place between 9 and 12 August 2021.
  • A National Parks and Wildlife Service official visited Carton House on 13 August 2021 and noticed significant damage.
Cause
The vegetation was reportedly cut to remove a wasps' nest because wasps were stinging.
Investigation
  • A groundsman at Carton House was cautioned by a National Parks and Wildlife Service official on 16 August 2021.
  • Gerard McGovern, who carried out the work, was cautioned and declined to make a statement to the National Parks and Wildlife Service.
Charges
The company was found guilty of two offences under the 2018 European Union Habitats Regulations for the Rye Water Valley/Carton Special Area of Conservation.
In court
  • The appeal argues procedural grounds relating to the proof of documents and evidence.
  • The judge directed both parties to make written submissions by 25 October and said she would deliver her ruling in December.
Sentence
The company was fined €8,000 at Naas District Court in November.
Other details
The protected habitat is a habitat for the Desmoulin's whorl snail.
12 statements extracted from the articles
  • whatBelmullet Hospitality, which operates Carton House, is appealing convictions and fines for cutting vegetation in a Special Area of Conservation without ministerial consent. (thejournal.ie)
  • whereThe vegetation was cut at Carton Demesne within the Special Area of Conservation. (thejournal.ie)
  • whenThe vegetation cutting took place between 9 and 12 August 2021. (thejournal.ie)
  • whenA National Parks and Wildlife Service official visited Carton House on 13 August 2021 and noticed significant damage. (thejournal.ie)
  • causeThe vegetation was reportedly cut to remove a wasps' nest because wasps were stinging. (thejournal.ie)
  • investigationA groundsman at Carton House was cautioned by an NPWS official on 16 August 2021. (thejournal.ie)
  • investigationGerard McGovern, who carried out the work, was cautioned and declined to make a statement to the NPWS. (thejournal.ie)
  • chargeThe company was found guilty of two offences under the 2018 European Union Habitats Regulations for the Rye Water Valley/Carton Special Area of Conservation. (thejournal.ie)
  • courtThe appeal argues procedural grounds relating to the proof of documents and evidence. (thejournal.ie)
  • courtThe judge directed both parties to make written submissions by 25 October and said she would deliver her ruling in December. (thejournal.ie)
  • sentenceThe company was fined €8,000 at Naas District Court in November. (thejournal.ie)
  • otherThe protected habitat is a habitat for the Desmoulin's whorl snail. (thejournal.ie)

The reporting

newest first
  1. 22 Jul2024
    Carton House operator appeals conviction for damaging protected habitat to remove wasps' nest

    Reports the company's appeal against its District Court conviction and fine. The article gives the offence period as 9-12 August 2021, the first date of which is recorded here. Written submissions were due by 25 October and the ruling is expected in December.

    convicted, Belmullet Hospitality, namedBelmullet Hospitalitysuspect, Gerard McGovern, named, irish (judged from name)Gerard McGovernsuspect, John Plummer, namedJohn Plummer