This article is from page 15 of the 2006-01-17 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 15 JPG
A CLARE businessman accused of failing to comply with an enforcement notice served by Clare County Council will appear before Ennis Circuit Court, after jurisdiction was declined in the district court.
The council is taking the case against Newmarket-on-Fergus supermarket proprietor David Crimmins and Allyco Developments Limited, following complaints about noise emanating from a plant room on his premises at The Green, Newmarket-on-Fergus.
Planning enforcement officer Ann Colleran told Shannon District Court a number of matters are outstanding, since the case was previously before the court last year.
She said a retention application has been received by the council. She added that an enforcement notice had not been complied with and that further information had only been submitted on the morning of last Thursday’s court hearing. A third party, in an adjacent property, had made a number of complaints about noise, she said.
“He didn’t carry out the development in accordance with the plans submitted and there was an unauthorised development of the plant room,” she said.
She pointed out however that a lot of signage on windows and storage of shop trolleys has been regularised.
After hearing from Ms Colleran, Judge Joseph Mangan said he was declining jurisdiction. Solicitor for Clare County Council Rachel Dobson said that declining jurisdiction would not give the third party any satisfaction.
Judge Mangan replied, “I have made my decision,” and adjourned the case until March, for service of the book of evidence.