Month: September 2006

A STAGGERING 43 per cent of Freedom of Information (FOI) requests to Clare’s local authorities last year were refused. This is the highest in the country.

Just over a third of FOI requests to the county’s authorities were given full responses, despite assurances from the minister responsible that the majority of requests nationwide were now being answered.

Figures released this week show that 15 of the 52 FOI requests dealt with by Clare County Council and its four town councils in 2005 were granted. A further 11 requests were part-granted, while 21 of the requests were refused.

One of the requests was transferred to another public body while one was also withdrawn.

The majority of the FOI requests made to the local authorities in Clare were described as “non-personal”, while just three was personal.

Fourteen of the requests came from journalists, seven from businesses and interested groups, one from a public representative and one from a client. The remaining 26 applicants were simply described as “others”.

Meanwhile, the majority of requests made to the HSE Mid-West under the Freedom of Information Act last year were personal.

A total of 288 patients requested information from the Health Services in Clare, Limerick and North Tipperary.

Some 334 requests were made in total in 2005, but 109 requests were carried over from the previous year.

Of these requests, 292 were of a personal nature, while 42 were classified as non-personal.

A large number of the people looking for information – 250 – were granted their request, but 61 were refused. A further 51 of the requests resulted in part of the information being granted. Twelve were withdrawn.

While patients made up the largest number in the mid-west to look for information, 18 journalists, 15 businesses of interested groups, seven staff members and six public representatives also accessed the service.

Minister of State at the Department of Finance, Tom Parlon (PD), said that more and more people were accessing the service.

“The statistics show that the majority of people who apply for information under FOI are successful in getting the information they want,” he added.

Last October, plans to include some 130 additional public bodies to the FOI Act were announced.

These plans will bring to over 500 the number of bodies covered by FOI, compared to 67 when the Act was introduced eight years ago.

The site – which is zoned for com-

mercial development in the Ennis A MASTER plan has been unveiled and Environs Development Plan for Clare’s biggest ever retail devel– borders the Ennis bypass to the opment on lands purchased from south-east of the town. Clarecastle man JJ McCabe in a In total, the developments are to multi-million euro deal last year. provide over 30,000 m in commer-

Galway developer, Stephen Harris, cial floorspace. This will include has lodged plans with Clare County 15,300m in retail units; 8,000m in Council for a retail park which will warehousing; 3,500m in the travelhave an annual turnover of €33 milhotel; 3,200m in a motor-sales villion. lage; 610 m in a restaurant and 120

The development will incorporate m in a petrol station, giving an overa warehouse park, motor sales “vilall total of 30,730m . lage”, Travelodge hotel, drive-thru For now, only planning permission restaurants, storage and distribution, is being sought for the retail park in as well as a petrol station for the 48the south-east quadrant of the site. acre site at Skehanagh, Clarecastle. Already, three other retail parks in the greater Ennis area are at various stages of development, at the Quin Road, Clare Road and Ballymaley. All four are set to radically alter the commercial make-up of the greater Ennis area. The Harris plan involves a 10-unit retail warehouse park with a total floor area of 15,300m , including a 4,800m anchor unit with 1,000m garden centre and 800 car-parking spaces. According to a Retail Impact Statement (RIS) lodged with the plan, the anticipated annual turnover of the project is €33 million and its first year of operation is expected in 2010.

The RIS concludes that there is sufficient capacity to support the development. The proposed development will not have any significant adverse socio-economic or environmental impacts, but will be beneficial for residents.

Outlining the “distinct advantages” of the proposed retail park, the Environmental Impact Statement (EIS) states that the retail park will have direct access onto the Western Retail Road of the Ennis bypass, the site is of sufficient size to accommodate additional warehouses, and it is located outside the floodplain.

A decision is expected on the application later this year.

WHEN Vincent Hehir died last Wednesday – three days after he was the victim of an attack on Kildysart’s Main Street – one of his last gestures ensured that others will benefit from his tragic death.

The 32-year-old Kildysart native, who was on life support at Ennis General Hospital after he was found unconscious late last Sunday week, had donated his organs to Dublin’s Beaumont Hospital.

Mr Hehir’s youngest child was due to be christened at the weekend. In a moving ceremony, two-month-old Margaret was baptised in a private ceremony at his bedside at the Ennis hospital on Thursday morning.

A surgical team from Dublin travelled to Ennis on Thursday to ascertain the compatibility of his organs which he agreed he would donate after his death.

While many organs were damaged as a result of injuries, some were retained and were brought to Dublin.

The father-of-five, who grew up at Glencanane, Kildysart, never recovered from serious injuries he sustained in an incident on Kildysart’s Main Street, late on Sunday night. He remained critically ill until his death at 5pm on Wednesday, with his heartbroken family by his bedside.

A major garda investigation got underway in the aftermath of the discovery of Mr Hehir, in an unconscious state, close to Mitchel’s Corner Bar, shortly after 11pm last Sunday week.

Gardai say they believe he was subjected to a number of blows, before falling to the ground and hitting the back of his head in the impact. They say they understand he was kicked a number of times while on the ground, but do not believe any implement was used.

Three local men, aged 21, 23 and 33 were arrested last Tuesday and questioned at Kilrush Garda Station, before being released without charge.

Mr Hehir had moved to England several years ago where he managed a pub. He built up many friendships while living there and returned home regularly to visit his parents and siblings.

Mr Hehir’s wife, Mairead, who hails from Mayo, travelled from London last Monday. The couple have five children, aged between two months and nine years.

A post mortem examination was carried out on Mr Hehir’s remains at the Mid Western Regional Hospital, Limerick, on Friday afternoon. Preliminary results suggest he died as a result of head injuries. His funeral was due to take place in Kildysart at the weekend.

However at request of one of the men questioned in connection with the death, an independent autopsy was carried out by Belfast Pathologist Dr Carson yesterday (Monday) evening.

THE mother of a toddler who died from a rare bowel condition says she does not blame anyone for the tragic death and is struggling to cope with the devastation.

Shannon Canny, a twin daughter of Sharon and Michael Canny, of Plunkett Drive, Kilkishen, died in hospital just 36 hours after she suffered her initial excruciating pain at home on January 6, 2005.

She was two years and two months at the time.

Shannon had suffered from constipation since she was born. However, her parents later learned that she had an undiagnosed condition, known as volvulous, which meant her bowel had become twisted, restricting blood supply. Her final journey of pain was recalled at Dublin City Coroner’s Court last week.

CLARE County Council has issued planning enforcement notices against four landowners living along the route of the West Clare railway for excavating part of the route of the line at Quilty.

In separate actions, the Council has served enforcement notices against PJ Murnane, Martin McGannon, Henry Molohan and John Daly all of Quilty.

The four landowners were told by the Council to cease excavations immediately and submit a schedule of re-instatement works prepared by an engineer.

The four have also been told to reinstate the embankment in accordance with the schedule of re-instatement work agreed with the Council.

They were also directed to refund to the Council costs and expenses of €271 incurred in investigating and detecting the alleged unauthorised development.

The Council stated that in the event of non-compliance, the four men may be liable to additional costs.

The Enforcement Notice issued stated that the West Clare railway is protected under a number of headings in the West Clare Area Local Plan and the Council has warned that if steps aren’t taken, the four may be guilty of an offence and may be liable to a €1905 fine.

One of the four, Martin McGannon said yesterday that he has written to the Council to explain his point of view which was shared by the other three landowners.

He said, “We are all in the same situation.”

He declined to state what he has told the Council on the issue.

One of the other landowners contacted, Henry Molohan declined to comment.

The Council is shortly to publish a feasibility study which has assessed the potential of the West Clare railline as a recreational facility and/or walking route for the west Clare area.

The 27-mile railway line from Ennis to Miltown Malbay was the last narrow gauge line to be closed by Government in 1961 as it was suffering annual losses of £23,000.

This followed an earlier decision not to press ahead with a £700,000 plan to convert the line to a standard gauge.

The line operated between 1892 and 1961 with the first sod turned on the project by by Charles Stewart Parnell in 1885.

Immortalized in song by Percy French, the railway has become part of Co Clare folklore and in recent years, tourists have travelled to Moyasta where 1.5 miles of the track has been restored.

US AMBASSADOR to Ireland, James Kenny made a nationwide appeal at the weekend to allow the Poor Clare nuns in Ennis to see the AllIreland hurling final.

Ambassador Kenny made a private visit to the Poor Clares on Francis Street last week and he told RTE radio at the weekend, “The nuns are very, very special people and remind me what Ireland is about.

“They knew who I was because one of the treats in life they do get is to watch the news and see what is going on in the world and, secondly, on All-Ireland final day, they are allowed to listen to the match.

“But the nuns got very perturbed because the GAA changed the starting time from 3.30pm to 4pm and they have to leave and go into prayers before half-time. They are very upset because they want to be able to listen to the All-Ireland final.

“They wanted me to relay this to the GAA and I said I would. These are wonderful, wonderful people that are praying for everyone around Ireland. “

Sunday’s final, however, started at the traditional time of 3.30pm – allowing the Poor Clares to enjoy the entire game.

The Abbess of the enclosed order, Sister Bernadine, told The Clare People that the nuns jokingly asked Mr Kenny during his visit to raise the issue, as the nuns’ rosary starts at 5pm every day.

“We said it as a bit of fun and we didn’t take it too seriously. There were only a few of us who wanted to see the match. We have some nuns from Cork and they didn’t wish to see it and we were able to tell them the result.”

Sister Bernadine said that Mr Kenny, “is a lovely person. It was a private visit”.

There are 17 Poor Clares based in Ennis and they come from various parts of Ireland. Their monastery was founded on October 7, 1958 with Joseph Rodgers, the then Bishop of Killaloe, laying the foundation stone in 1957.

THE promoters of plans to commemorate Richard Harris in Kilkee are ready to flout the planning laws by erecting a statue to the Hollywood actor in the west Clare resort.

Last month, Clare County Council granted planning permission for plans to celebrate the late Hollywood actor in Kilkee, in spite of opposition from local residents.

Plans have been drawn up with one Hollywood star due in Kilkee on September 30 to unveil the statue.

But the project has already suffered a setback with local resident, Maureen McMahon, yesterday appealing the decision to An Bord Pleanála.

The statue was to be erected in the Wellington Square area, depicting Harris playing racquet ball. The actor won a racquet ball competition four times in a row in the west Clare resort, where he used spend much of his summer holidays.

However, Project Director Manuel di Lucia said that the statue will now be erected on private property on a temporary basis on Kilkee’s Cliff Walk over the well-known Pollock Holes.

Mr di Lucia said that he was not concerned about any planning issues that may arise until An Bord Pleanála deliver its decision on the appeal.

“The statue will be there until an Bord Pleanála gives planning permission for the statue at Wellington Square”, he said.

Mr di Lucia confirmed that “a major Hollywood star” will be in attendance for the unveiling at the end of September.

“We are very disappointed that the appeal has been lodged. I’m absolutely gutted. It should go up on Wellington Square because it was near there that Richard played racquet ball. I can’t understand why anyone would appeal and one woman is scuppering the arrangements for the whole town.”

He said that the organising committee would not be negotiating with Ms McMahon over her appeal.

Speaking to The Clare People yesterday from Kilkee, Maureen McMahon said, “I have no objection to the Richard Harris statue, but I do object to where it is being put as it is a residential area.”

In her initial objection , Ms McMahon said, “The proposed statue is 20 yards from my house. I do not want a statue or anything like it erected in front of my home. It would interfere with my view and attract crowds of people who may be undesirable.”

Mr di Lucia confirmed that over €35,000 of the €42,000 budget for the project has now been raised with former Taoiseach Albert Reynolds contributing €1,000.

The twice-Oscar nominated actor and star of Gladiator and The Field has strong associations with Kilkee and his three sons have confirmed that they will contribute €21,000 to the project and will be present for the unveiling of the statue by local sculptor, Seamus Connolly.

A CLARE architect has told An Bord Pleanala that a proposed housing development in Kilnaboy will provide the area with a badly needed increase of population.

Michael Leahy said in his appeal on behalf of developers David Henry and Eamon Cahill, that the 19 houses they want to build will give people the opportunity to live immediately adjacent to Kilnaboy’s church and school.

Clare County Council refused planning permission for the development on a number of grounds, including inadequate water supply, potential impact on groundwater, design and traffic.

But the appeal states that, “The provision of housing will underpin this community and secure its survival into the future. The development is being done in a way which is attractive, which will ensure the integration of the housing into the village and which will form a landmark development for small housing schemes being located within small village communities for the future.

“Kilnaboy has always had a very strong sense of community and dating back to medieval times, the crossroads at Kilnaboy was of significance.

“It is essential that the sense of community of such villages be reinforced.

“The public are entitled to expect that the village of Kilnaboy will be allowed to develop in accordance with proper planning.

“Mr Cahill and Mr Henry are both from the local area and would like to become involved in this development proposal which would strengthen the character of the village of Kilnaboy.

“However, instead of facilitating development in accordance with the provisions of a democratically voted upon Development Plan, the planning officials seem to be going out of their way to seek reasons for prohibiting development which is zoned for residential development.

On refusing permission due to the design of the homes, Mr Leahy says: “It is quite an astonishing reason for refusal, suggesting as it does that the proposal would by virtue of its design, fail to integrate and respect the existing character of the surrounding area.

“It has been the intention of this office right from the beginning, in consultation with the council, to devise a scheme which would create a small village square facing directly towards the school and the church. Mr Leahy said the reasons for refusal also represented a failure in implementation of coherent policy as expressed through the Development Plan.

CLARE County Council has been criticised for its refusal to grant planning permission to a family wishing to build a one-off home near Lemanagh Castle in the Burren.

Joseph O’ Connor had hoped to build a home for his partner and three children. The family currently live in local authority accommodation in Ennistymon.

Mr O’ Connor’s appeal against the refusal states that, “the decision of the council is inconsistent with recent decisions at this location.

“Two other applications were deemed by the council to be in accordance with the policies of the County Development Plan and would not seriously injure the amenities of the area.

“As both of these developments are on sites either side of the current application, and one within the identified boundary of the archaeological complex, I suggest that this application satisfies the same criteria.”

Earlier this year, a plan for a separate one-off home was heading for a refusal, but north Clare councillor, Cllr Richard Nagle (FF) requested Senior Executive Planner, Brian McCarthy to visit the site in question.

Mr McCarthy visited the site and consulted with Senior Planner, Liam Conneally. Subsequently, the council ignored the advice of the area planner and the council’s conservation officer and gave the go-ahead for the home.

An Taisce appealed the decision, claiming that there was a lack of transparency in permitting the home – a claim the council rejected.

Clare County Council subsequently refused planning permission to Mr O’ Connor.

He contends in his appeal, “that the reasons for refusal as stated in the decision to refuse planning permission for this development are without substance and can be refuted.

“It is also my contention that the proposed development is fully in accordance with the policy of Clare County Council as outlined in the Clare County Development Plan and North Clare Local Area Plan.

“The assessment of the application failed to give sufficient weight to the fact that the applicant is a local rural worker.”

Mr O’ Connor returned home from England with his parents in 1988. His appeal states that he is a parttime farmer on the family landholding and a community employment participant in Carron where he works part-time as a stonemason.

His intention is to assume responsibility for the operation of the family landholding from his widowed mother.

A decision is due on the application later this year.

CLARE has almost three times more dogs ending up in the pound than the national average. And a Clare councillor wants the local authority to have a homeless dogs section on their website, to give them a better chance of survival.

According to nationwide statistics, the national average is seven dogs per thousand population going to the pound. In comparison, Clare has 18 dogs per thousand population.

“I acknowledge the good work of the dog warden, Frankie Coote, who, despite the large numbers of dogs going to the pound, is successful in finding homes for nearly a quarter of them but a comparison of the local authorities around us show us in a very poor light,” said Councillor Brian Meaney.

Cllr Meaney says he would like research to show which breeds are hardest to rehome.

“The official figures should clearly show what breeds or cross-breeds are being destroyed. I think that Clare County Council can play a positive role in this. Clare County Council has displayed leadership by introducing measures like the beach bye-laws and are pro-active in the issuing of fines, like the 42 that were issued in 2004, compared to counties like Kilkenny with no fines issued.”

The councillor said he intends “to request the Environment SPC to draft policy which would establish a section of the council website showing the dogs that had been left in the pound each day, greatly improving the chances of reuniting them with owners or finding new homes,” Cllr Meaney said.