This article is from page 9 of the 2006-08-08 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 9 JPG
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.”