Month: August 2006

TWO Ennis businesses have failed in a bid to expand operations, as a result of planning decisions by Ennis Town Council and An Bord Pleanala.

Plans by Liam Cleary to redevelop his existing car sales site on the Kilrush Rd have been shot down by Ennis Town Council, while plans by Pat and Catherine Fitzpatrick to demolish their existing shop on the Tulla Rd and construct a new unit has been refused by An Bord Pleanala.

Mr Cleary sought to construct an underground car park, 13 retail units at ground floor level, 12 apartments and a cafe at first floor level, 12 apartments and a commercial unit at second floor level, and two penthouses at roof level.

However, the council ruled that the proposed development “would set an undesirable precedent for development within proposal sites.

“The proposal to locate residential accommodation over existing workshops would constitute haphazard development by virtue of noise and nuisance, would be injurious to the residential amenity of both existing houses and the proposed units, and taken in conjunction with the remainder of the proposed development would result in over-development of the site.

“By reason of its height, block form and layout, the absence of adequate private open space or public open space to serve the apartment units, it would seriously injure the amenity of existing and proposed residences.”

In response, Mr Cleary has appealed the decision to An Bord Pleanala, claiming that “our proposals would enhance this site which is underdeveloped and in such close proximity to Ennis Town Centre. Occupants of this development could walk in five minutes to the town centre without having to drive and to clog up the existing town”.

The council refused planning permission for the Fitzpatrick development, prompting the applicants to appeal to An Bord Pleanala. The Inspector had ruled in favour of the development, but the appeals board disregarded that recommendation and refused permission on two grounds.

The board ruled that it would constitute over-development of the site and seriously injure the amenities of the area. The Board also ruled that a shortfall in parking provision would result in overspill roadside parking which would endanger public safety by reason of traffic hazard.

THE new €50 million retail park proposed for Ennis’s Quin Rd will not adversely impact on the quality, vitality and viability of the core retail area in Ennis or the wider town centre area.

That’s according to the Retail Impact Statement (RIS) lodged with the application by Ennis businessman, Sean Lyne and Noel Connellan.

Their plan is expected to create 150 jobs, provide 14,840 sq metres of space and will include a large anchor DIY store with garden centre and builders’ yard. Ennis Retail Park will also comprise nine smaller retail units.

The retail impact statement does not envisage the Quin Rd business park being in place until 2010, and forecasts that it will have the highest turnover of three retail parks currently planned for Ennis, at €35 million by 2010.

In spite of the €100 million annual spend at the three retail parks, the RIS forecasts that there will be surplus capacity of €7.6 million in the market available. It concludes that the park will not have an adverse impact on the town centre.

“As stated in the Retail Planning Guidelines, a retail park development in the range of 8,000 to 15,000 sq m is unlikely to have a material adverse impact on the more important town centres,” the RIS states. “A retail warehouse park of the size and location proposed would not give rise to a long term increase in the number of vacancies in the Ennis core retail area.”

The RIS also argues that “the location of the proposed development offers a high level of accessibility for those purchasing comparison goods.

“The subject proposal is consistent with the zoning of the application site and fully accords with the requirements of retail development policy as set out in the Ennis and Environs Development Plan.”

It also argues that the proposal will “enhance the attraction of Ennis as a shopping destination and will serve to maintain investor interest in all sections of the retail and wider economy, thereby meeting plan objectives for the promotion of a sustainable economy.”

A decision is due on the application later this year.

THE commercial growth of Ennis continues, with plans lodged for a €25 million retail development at Claureen on the town’s western fringes.

Tom Howard is seeking permission to demolish the One Mile Inn and construct a mixed use development of 11,895 sq metres in total.

A retail impact statement submitted with the planning application estimates that the development will have an annual turnover of €25 million each year.

The development will include retail units, a car showroom, an office-medical centre, and a café bar and restaurant. It also includes 15 residential units and a crèche, along with the provision of 566 car-parking spaces.

In lodging plans, consultants acting for Tom Howard state: “The attached planning application is requesting planning permission for a high quality, architecturally designed mixeduse development at a local centre.

The consultants point out that the town council’s planning department “has not raised any major issues with the scheme and have been broadly supportive of the principles of same” in pre-planning discussions .

The retail impact statement states, “The amount of retail space available in the catchment area is seriously inadequate to absorb even conservative estimates of shopping expenditure”.

It also points out that, while Ennis town centre is the main centre within the catchment area, “it is widely perceived that the town centre is lacking in convenience and high order comparison outlets.

“The development proposed under this application will not be in competition with Ennis town centre but will service a local catchment area in addition to the western hinterland of Ennis in terms of bulky goods.

“The lack of and nature of retail provision at present in the immediate area ensures that a considerable leakage of retail spend seeps out of the catchment area to other areas such as Limerick city. This proposal will help to reverse this leakage.”

The retail impact statement also points out that the “proposal will facilitate local people to do their shopping in a more convenient place to where they live and it will facilitate multi-functional trips.

“Therefore, the granting of this retail planning proposal would be of significant advantage to the retail sector and most importantly to the consumer.”

A decision is due on the application later this year.

A MEMBER of Clare County Council has called for a total review of issues concerning landscape designation in the county’s controversial Development Plan.

Councillor PJ Kelly (FF) claims that an original report on landscape designation, requested by the local authority in 1997, showed that the council’s policy could be problematic.

The CASS report stated that the legislation pertaining to landscape design could face difficulties.

According to the report the plan “seeks to preserve a landscape which always has and always will change.

“It (the development plan) assumes that there are fixed reference points as to what constitutes features of natural beauty when in fact these vary from individual to individual and from time to time. This analysis also highlights the legal insecurity of any development control measure – such as designations on account of natural beauty – which could limit the development rights of private property.”

The CASS report went on to state “it is unconceivable that designations on the grounds of natural beauty alone could be legally justified as being bases upon judicious, replicable, objective or equitable criteria.”

Cllr Kelly said while the broad provisions of the CASS report were incorporated into the 2005 development plan, it was modified so that it is self contradictory in application.

The councillor, who has criticised the council’s blue print for the county on numerous occasions, said, “Many of the planning permissions refused because of this issue may have been improperly refused. A total review of this whole area of designation is not alone desirable but essential”.

However, when Cllr Kelly raised the issue of landscape designation at the June meeting of the county council, he was told that its inclusion in the county development plan is based on objective study of three key documents that provide for the assessment, characterisation and valuation of the landscape of Clare.

“The underlying subjectivity of landscape valuation is recognised by the council,” he was told, “and hence the objective assessment of two landscape studies, and the application by Clare County Council of a standard nationally recognised methodology and process put forward in the 2000 government guidelines on landscape character assessment in an appropriate response to that subjectivity.

“In reply to concerns raised by Cllr Kelly, the county manager, Alec Fleming confirmed that it is stated clearly in the Planning and Development Act 2000 that landscape must be taken into account in the County Development Plan.”

THE developers of a €1 million crematorium proposed for Shannon sought an extension of time in their application last week to avoid a potential planning refusal.

Sean Hillery, director with applicants, Illaunamanagh Ltd, told The Clare People that the designation of ‘open space’ at the proposed location “would have given the planners no choice but to refuse”.

In order for the application to overcome zoning difficulties, members of Clare County Council will be required to materially contravene the South-East Clare Economic Plan in a vote. The two promoters of the venture, Sean Hillery and Tony McMahon, are long-standing members of Clare County Council from Fianna Fail and Fine Gael.

It has also emerged that An Taisce has expressed reservations over the plan. In a submission from the Clare Association, they request that an Environmental Impact Statement (EIS) be lodged.

The An Taisce concerns include “having a crematorium so close to residential areas of the town; the impact on the environment as the site is surrounded on three sides by a Special Area of Conservation (SAC) and National Heritage Area on the Shannon estuary; and the presumed lack of services such as good road access.

“We are also concerned about the chapel as this should be general in design to accommodate other faiths, such as Hinduism, who cremate their dead as there are now a large group of non-Christians in Shannon.”

Claims that the crematorium is the first planned for outside the Dublin region are incorrect. Earlier this year, planning permission was secured for a high-tech crematorium at Rocky Island in Cork harbour.

The Shannon plan is being opposed by Cllr Gerry Flynn, who claims, “Access to the crematorium is through local residential areas. Additional traffic generated will create a possible traffic hazard to children and other members of the community”.

Cllr Flynn also states that the planned future expansion of Illaumanagh cemetery could be curtailed if the proposed development is permitted.

However, Shannon’s parish priest, Fr Tom Ryan, has added his weight to the proposal, saying, “I congratulate Illaunamanagh Ltd. on undertaking this initiative and providing the public, not just in Shannon but throughout the entire western region, with the option of availing of cremation should they choose to do so”.

A decision on the Shannon plan has been deferred to November 30.

IT IS just two days until the all-important meeting of the HSE that could determine the upgrade of the Mid Western Regional Hospital, Ennis.

The design for the upgrade of the hospital had been delayed amid concerns of a multimillion euro shortfall. A total of €20.8 million has been allocated to the project by the Department of Health but it has since emerged that this will not cover equipment or the extra staff required as a result of the upgrade.

It is estimated that as much as €16 million will be required to fit out the state-of-the-art extension, while further money will have to be located to cover the inflation in building costs since the project was first announced.

Recent regulations on hygiene and disease control have also added to the spiralling cost.

The project, which was due to go to planning in mid summer, has already been delayed and could be delayed even further if this issue cannot be resolved.

The design for the first two phases of the hospital redevelopment has been with the financial director of the HSE in Naas for two months.

A meeting has been scheduled for Thursday between the local hospital network and the financial department of the HSE to discuss this latest difficulty.

While refusing to comment on the issues facing the meeting a spokesperson for the HSE said there are a number of issues to iron out.

In a letter to the CEO of the HSE Professor Brendan Drumm, Senator Timmy Dooley described the current situation as “a most unsatisfactory position”.

“You will understand my frustration with this particular matter as it appears that while the HSE was established, among other reasons, to remove bureaucracy and work towards the delivery of a more streamlined, transparent and patient-centred health service, it seems in this instance to have failed that mandate,” he told the CEO.

A 20-YEAR-old man has been charged with damaging two vehicles outside a house in Kilrush last week. Patrick Hall, of Beech Park, Kilrush, is accused of carrying out criminal damage to a car and jeep, at Cappa Drive, Kilrush, on August 2.

Detective Garda Oliver Downes told a special sitting of Ennis District Court yesterday (Monday) that he arrested the accused at Beechpark at 12.30pm on August 4 last. He was taken to Kilrush Garda Station, where he made no reply when charged. Defending solicitor Tara Godfrey applied for free legal aid for her client, who is not working.

Inspector Tom Kennedy said he was seeking to impose a number of bail conditions. These include a curfew, between 10pm and 7am; that the accused would sign-on daily at Kilrush Garda Station and that he would reside at a house in Beech Park, Kilrush.

Ms Godfrey said her client would consent to the conditions. She added that her client’s girlfriend is due to give birth within 10-15 days. Ms Godfrey asked that the curfew be relaxed in the event of the girlfriend going into labour after 10pm. This was not opposed by the State.

The accused will appear in court again next month.

A GRANT to improve several local roads in Clare has been announced by Minister for the Environment, Heritage and Local Government, Dick Roche, TD. The funding arose due to savings made on expenditures by the local authority earlier this year.

The savings, which came from various projects around the county, were re-allocated for the improvement on several roads around Clare which according to the minister will improve the non-national road network “facilitating local economic development”.

The roads selected for funding include the Cooraclare to Lorrigan’s Bridge Road, which has been allocated €450,000, while the Tulla to Gort road between Drumullan and Ardbooly will benefit by €350,000. The Ennis to Kilfenora road will be given €150,000 for improvement and the R486 in Burrane will receive €100,000. €636,000 has also been set aside for work on Class 2 and 3 local roads. In total, a sum of €1,636,000 was re-allocated for the non-national roads fund.

Clare Junior Minister, Tony Killeen, TD who has welcomed the announcement told The Clare People that “the funding will go a long way in improving these particular roads.”

A SPORTING coalition made up of opposing politicians was celebrating a Clare success in the winning enclosure at the Galway Races last Tuesday.

Former Fine Gael TDs Donal Carey and Sean Barrett were joined by former Taoiseach and Fianna Fail TD Albert Reynolds in cheering home their shared horse, Sorry Al, to victory in the two-and-three-quarter mile McDonogh Properties Chase.

The unusual winning team also includes three Ennis businessmen – Pat Quinn, Christy Guerin and Philip O’Reilly – all of whom make up the T&C Syndicate.

No stranger to horse racing, Donal Carey told The Clare People that the syndicate was set up to support former champion jockey Charlie Swan as he broke into the horse training sector. And the name of the winning horse is a source of amusement for the former Clare TD.

“I was trying to get Albert Reynolds on the phone so that we could pick a name but I couldn’t get him, so I decided to call him ‘Sorry Al’,” laughed the retired Clarecastle politician.

The six-year-old novice chaser has brought some success to the syndicate since they bought him two and a half years ago but Tuesday’s win at the famous Galway meeting was its biggest to date. He has won two chances and two over hurdles to date.

The 7/2 winner surprised punters in Galway by coming in ahead of the favourite ridden by Ruby Walsh. The Clare owned horse was ridden by jockey David Casey who fell later in the week and broke his collarbone.

Mr Carey said that the syndicate will probably run Sorry Al a few more times, but as he is a summer horse he will probably take a break for the winter months.

Speaking following the Galway race Charlie Swan said, “This place (Ballybrit) really lights up this horse and he loves that good ground.

“He’s in again later in the week, but we’ll probably take our time with him.”

A delighted Mr Reynolds explained, “He won over hurdles here last September but I couldn’t be here as my daughter was getting married. Charlie (Swan) told me not to worry, he’d had have him ready for the summer festival and he was dead right.”

SCENES of cars, vans and caravans lined up bumper to bumper in hot humid conditions, from Dromoland through Clarecastle and on to the county town of Ennis, are likely to end this year as the Ennis bypass remains on track for its spring opening.

A spokesperson for Clare County Council confirmed that the dual carriageway to the east of the town would open before the end of this year, taking all through traffic between Limerick and Galway out of Ennis.

The rest of the project, linking the bypass to the town, is to open on or before April 11 as planned.

The completion of the N85 Western Relief Road from Claureen to Clareabbey Roundabout is expected by mid-January with the final section of the N85 Clareabbey Roundabout to Killow Junction to be completed by April 11.

This completed project promises to reduce regional infrastructure imbalances with the support of the EU Cohesion Fund.

Before the completion of the project, however, motorists will still have to contend with the resulting road works.

Roadworks are currently ongoing on the N18 at Dromoland Interchange just to the south of Latoon Bridge.

A temporary new road layout is in operation for a period of up to 10 weeks on the N68 Kilrush Road at Cahercalla More between the O’Sullivan and Hansbury Garage and Rockmount Cross.

Clare County Council senior resident engineer Paul Moroney has asked motorists to slow down and take care at the temporary diversions during the coming months.

He confirmed that in the past week the precast bridge beams for the Kilrush overpass had been lifted into place and construction of the bridge deck has now commenced

Meanwhile, artistically-inspired motorists or passengers who may be caught in traffic while the bypass is completed, have time to consider submitting a proposal to the public art commission.

Clare County Council has invited outline submissions for a site-specific public art project to be located on the N18 Ennis Bypass.