This article is from page 4 of the 2008-08-26 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
CLARE County Council could face a large compensation claim over its decision to refuse planning permis- sion for a ©50 million retail park ad- jacent to the Ennis bypass.
That’s the view of Green Party councillor Brian Meaney who said that the 2000 Planning and Develop- ment Act provides for compensation claims to be paid out.
The developer in question, Stephen Harris purchased the 48-acre site zoned commercial for €18 million in 2005. However, in spite of the com- mercial zoning, the application can- not proceed because of flooding of
the site.
The Planning and Development Act allows for individuals to secure compensation if a decision by a local authority reduces the value of land.
Cllr Meaney said the council should be concerned as there was now a new dynamic with climactic conditions.
“Planners should be very wary of granting any development in the flood plain even if a flood relief scheme is put in place. We have to protect the population living in residential areas of Ennis that are prone to flooding.”
Cllr Meaney also urged the council not to repeat the mistakes made in drawing up the current Ennis devel- opment plan.
He made the call after the second retail park was refused with flood- ing considerations to the fore of both decisions. Along with the Harris project, the council last year refused planning for a retail park at Quin Road to Sean Lyne and Noel Connel- lan when flooding also featured as a reason in the council’s decision.
The decision throws the county’s retail strategy into further disarray with the ruling guaranteeing contin- ued leakage from Clare into Limer- ick and Galway for the purchase of bulky goods.
Refusing planning permission to the Harris application which was two years in the planning process, the
council stated that the site was locat- ed on the lower Fergus floodplain.
The planner’s report stated, “Until such time as flood relief works are completed, these lands remain as flood plain. To permit development on lands currently functioning as a flood plain would not be in the inter- ests of sustainable development.”
Mr Harris was seeking permission for a retail warehouse park, a mo- tor sales village, a Travelodge ho- tel, drive-thru restaurants, storage and distribution. The developments were to provide over 30,000 m2 in commercial floorspace including 15,300m2 in retail units.