Department Agriculture provides funding to forest owner after complaint to the Ombudsman

Background

The Forest Road Grant Scheme is administered by the Department of Agriculture, Food and the Marine. The Scheme provides opportunities to forest owners to improve access to forests for example by upgrading or constructing roads. Forest roads provide additional biodiversity opportunities in the forest by increasing open spaces and forest edge effect. I received a complaint from a company that had been refused the grant despite building a road to the appropriate standards.

When the road had been completed the Department carried out an inspection and it was satisfied that it had been built to the appropriate standards. However, due to adverse weather conditions the road was not completed before the relevant deadline date and the Department refused the grant.

Examination

Having considered the details of the complaint and after speaking with the complainant it seemed that the penalty was disproportionate given that the road had been completed according to the agreed specification and was delayed only as a result of adverse weather conditions. I suggested to the Department that the total refusal of the grant seemed disproportionate to the breach of the condition in this case, especially considering that the completed road was acceptable to the Department.

Outcome

The Department undertook a review of the case and it decided to pay the grant subject to a 10% penalty for late completion of the road. The man received approval for payment of over €8,000. I considered this a reasonable outcome in the circumstances.