BREAKING: Coolmore company fined €100,000 for illegal hedgerow removal on lands in Tipperary

A Coolmore-linked company that pleaded guilty to illegally removing hedgerows on a farm in county Tipperary in breach of EU regulations has been convicted and fined €100,000 at Clonmel Circuit Court.

Judge Deirdre Browne gave her decision on Friday morning at a sitting of Clonmel Circuit Court.
She said the four offences that the company had pleaded guilty to had arisen from unlawful activities on the lands.

READ MORE: Coolmore-linked company pleads guilty to removal of hedgerows on Tipperary farm

Those activities, she said, had caused harm and “when harm is caused there is an injury caused to the community.” She said the harm was significant and went to the heart of what the legislation wanted to protect.

Judge Browne said she had heard evidence that the hedgerows removed dated back to the 1700s and 1800s and that a Department representative described the scale of the hedgerow removal as ‘vast’.

She was satisfied that in counts one and two, there was not a deliberate breach, but said counts three and four were more egregious as clay banks were removed in the face of a prohibition notice that had been served, and culpability was significantly higher on those counts.

In mitigation, Judge Browne said the company had no previous conviction,the company had acknowledged the failings involved, and had introduced measures to prevent a repeat, including staff training.

The court was told that the company had made a €30,000 contribution to community and sustainability initiatives via Native Woodland Trust and Saint Vincent de Paul.

After the hearing, Alan Moore, Secretary of Hedgerows Ireland, said the case sent a clear message that environmental laws apply to everyone.

“The system works,” said Alan Moore (above), who alerted the Department of Agriculture to the activities taking place on the lands at Ballygerald East, New Inn.

In a statement issued by Coolmore after the court case it stated that “ Shem Drowne Ltd was deeply sorry for the removal of hedgerows on lands at Ballygerald and for the unacceptable breach of a prohibition notice. It said the breach was entirely at odds with the broader sustainability and biodiversity efforts of Coolmore.

Shem Drowne Ltd, registered at an address of Rosegreen, Cashel, county Tipperary, was charged with four counts of breaching EU environmental regulations.

Between September and October 2022, Shem Drowne Ltd is alleged to have removed hedgerow in excess of 500 metres without Environmental Impact Assessment (EIA) screening being carried out.

The company is also charged with the removal of field boundaries on the same date, which exceeded the threshold of five hectares permitted without EIA screening.
Furthermore, Shem Drowne Ltd is alleged to have breached a Prohibition Notice served by the Department of Agriculture in October 2022.

The final charge relates to a separate removal of field boundaries in excess of five hectares between December 2022 and October 2023.

The company had pleaded guilty and the case was heard last December. It was adjourned to March for a penalty to be given.

At the conclusion of the case on Friday morning Hedgerows Ireland said it welcomed the conviction and sentencing of a Coolmore-linked company for illegal hedgerow removal at a farm near New Inn.

At a press conference held outside Clonmel Courthouse following the court hearing, Alan Moore, Secretary of Hedgerows Ireland, who was a witness in the case said it sent a clear message that environmental laws apply to everyone.

“Mature native hedgerows are vital wildlife corridors, major flooding defences and carbon stores. They protect soil and provide shelter, shade and definition to the countryside. They are often historic boundaries and part of our heritage. When they are removed, there are very serious consequences for the landscape, “ he said.

“ While we realise that Coolmore will be unhappy about the negative impact of this conviction on their reputation, we believe that it will serve as a more general deterrent to future hedgerow removal in this country. We warmly welcome Coolmore’s newly stated commitment to the preservation and enhancement of existing hedgerows using best practice guidelines. This is really good news,” he added

Alan Moore said Hedgerows Ireland acknowledged the support extended by Coolmore to community and sporting enterprises in Tipperary and beyond.

“Today we are formally repeating our request to meet with John Magnier and his representatives to discuss a more sustainable approach to landscape management, and to request Coolmore's input into a Tipperary hedgerow rejuvenation project in conjunction with our group,” he said.

“Hedgerows Ireland members provided key video and written evidence to Inspectors from the Department of Agriculture in this case and we wish to thank the officials concerned for bringing the case before the Court and to a successful conclusion today. Particular thanks are due to Imogen McGuinness from the Investigations Division of DAFM and her team for their professionalism in this case. The system works.” said Alan Moore.

In a statement issued by Coolmore after the court case it stated that “ Shem Drowne Ltd was deeply sorry for the removal of hedgerows on lands at Ballygerald and for the unacceptable breach of a prohibition notice.

Coolmore said the landowner had co-operated fully with the investigation, acknowledged the internal process failings that brought it about and has implemented rigorous new protocols to ensure these cannot recur.

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In mitigation of the breach the landowner has made a €30,000 contribution to community and sustainability initiatives via Native Woodland Trust and Saint Vincent de Paul.

“This breach is entirely at odds with the broader sustainability and biodiversity efforts of Coolmore which has use of these lands. On average one in every five acres farmed by Coolmore is protected for the natural environment and wildlife. Coolmore is also investing millions of euro in renewable energy and agri-tech initiatives to ensure its activities are strongly climate positive and to promote sustainability efforts across the agri-sector,”said the Coolmore statement.