A LEGAL loophole has meant plans to remove millions of cubic metres of peat for compost from a Scots landowner's estate have been given the go-ahead despite objections from some of Scotland's leading conservation agencies.

A procedural hiccup means that the peat, which is up to 5000 years old, can be extracted from Auchencorth Moss on the Penicuik Estate in breach of local and national planning policy.

The 7500-acre estate has been owned and run by the Clerk family since 1654 which is currently headed by Sir Robert Clerk, the 11th Baronet of Penicuik.

More than 20 per cent of Scotland is covered by peat - covering some 2 million hectares, which is almost exactly the same size as Wales. It is a vital store of carbon, and is meant to be protected to help prevent climate pollution.

The Scottish government has set a target to restore 250,000 hectares of peatland by 2030.

But Midlothian councillors were advised that horticultural company Westland Horticulture is seeking to renew a 31-year-old old planning permission, so the principle of digging up the peat on the square mile site has already been established and it cannot be rejected.

Even if new conditions are imposed which prejudices the economic viability of the project, compensation would be payable.

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Conservationists are now calling for a shake up in planning laws to prevent a similar thing happening again.

They fear that the move will unlock carbon dioxide at a time when the nation has climate change targets to combat global warming and that the only way to stop the project is to stump up an estimated £1 million to buy out the extraction rights.

Aedán Smith, head of planning and development at RSPB Scotland said: “This is a deeply disappointing decision by Midlothian Council but it appears their hands have been tied by an archaic planning law. "It seems incredible that Scotland’s peatbogs are still being dug up when their value as wildlife habitats and carbon stores is now so clearly recognised. It is vital that this loophole in the planning system that allows Scotland’s fantastic peatbogs to be dug up in one part of the country whilst work is done to repair damage to them in another part is quickly closed.”

Peat is the largest and most efficient land-based store of carbon, and the world’s second largest carbon store after the oceans. Peat bogs store on average 10 times more carbon per hectare than any other ecosystem, including forests.

The Scottish Wildlife Trust says that lowland raised bogs were one of the most rare and threatened wildlife habiitats in Scotland.

Its head of policy, Maggie Keegan, said: "To try and meet our climate change targets we are trying to restore rather than get rid of peatlands, becuase they lock up a hell of a lot of carbon.

"It’s incredibly disappointing that the destruction of peat bogs continues to be permitted while millions of pounds are being spent on their restoration elsewhere as part of Scotland’s commitment to reducing carbon emissions."

The Scottish Environment Protection Agency (SEPA) said the continuation of peat extraction for a further 24 years up to 2040 was "inconsistent" with Scottish policy objectives to reduce greenhouse gas emissions, including through the management and protection of carbon rich soils.

They said there was a "lack of information" on restoration proposals and the potential impact on the wetland area.

Scottish Natural Heritage said not enough was being done to safeguard the protected Auchencorth Moss Site of Special Scientific Interest which is just metres away from the extraction site.

Midlothian planning officers acknowledged in a report to councillors: The continued extraction of peat from the site will continue to have a deleterious effect on peatland - large volumes are to be removed, and even with a successful restoration scheme, the reforming of the peat stock is a slow process.

"The application cannot revisit the principle of extraction, which was originally granted by planning permission."

They said that some peat extraction has already taken place, that a large portion of the application site is "significantly damaged and it cannot be restored without significant human intervention".

"The unavoidable conclusion is that the potential financial liability to the council of imposing restrictive conditions significantly outweighs any environmental benefits of imposing such conditions including possible benefits to the neighbouring Auchencorth Moss SSSI and Midlothian Council’s contributions to Climate Change (Scotland) Act 2009 targets and overall carbon reduction efforts." the report says.

A Midlothian Council spokesman said an agreement had been reached to eventually restore the site to the status of a "raised bog" and added that they have tried to ensure the "best possible outcome considering the restriction of existing legislation".