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How many other ‘Lemanagh’ cases exist?

A DRIVE along the route overlooking Lough Derg near Killaloe provides a snap-shot of the contrasting approaches to the control of one-off housing by Clare and North Tipperary County Councils.

On the eastern side of the lake, a free-for all continues in Tipperary with houses dotted throughout the hill-sides, while in Clare, the county’s planners are managing to limit one-off homes in sensitive landscapes to the minimum.

It makes for disgruntled Clare citizens who wish to build their dream homes in the countryside, but at least applicants know that their neighbours’ lives are also being made miserable by the council’s strict hard-line policies being applied to everyone.

The council’s overworked planners have also battled against continued assaults on the County Development Plan by councillors, as the elected members strive to ease planning restrictions for one-off homes.

So it makes it all the more surprising that senior council planning staff conspired to contravene their own County Development Plan to grant planning permission to Anna-Maria Murphy for a home near the historic Lemanagh Castle.

When An Taisce appealed, the council compounded their error by brazenly outlining the reasons why planning permission should be granted, in a submission to An Bord Pleanala running to five pages.

This was one decision the council did not want to lose, stung by the publicity in The Clare People surrounding the original decision and the accusations by An Taisce over the lack of transparency in reaching the decision.

Without the intervention of An Taisce, the public would never have become aware of the circumstances around how senior staff ignored the council’s rule-book on one-off homes, prompting the question how many other such cases lie unknown in council’s files?

The person who should be most concerned about this episode is the county’s chief planning officer, the County Manager, Alec Fleming.

The saga undermines the authority of the Development Plan and officials’ efforts to defend it.

As a matter of course, in future when executive staff are planning to disregard internal technical reports on scant evidence, those files must be referred to Mr Fleming as an additional safeguard.

More immediately, Mr Fleming must present a report at the council’s October meeting on how the ‘Lemanagh’ decision was arrived at in order to restore confidence in the council’s decision making processes.

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Council’s competence questioned

AN TAISCE yesterday raised questions over Clare County Council’s competence in exercising its functions after An Bord Pleanala threw out the council’s controversial decision to grant planning permission for a house near Lemanagh Castle.

Earlier this year, professional advise from the north Clare area planner and the council’s conservation officer, Risteard Ua Cronin to refuse planning permission, was disregarded by the council’s senior planner, Liam Conneally and senior executive planner, Brian McCarthy.

Mr McCarthy disregarded the recommendations of the two lower ranking officials after visiting the site at the request of Cllr Richard Nagle (FF) and consulting with Mr Conneally.

However, the decision was appealed to An Bord Pleanala by An Taisce who raised questions over the manner in which the council arrived at its decision.

In its appeal, An Taisce said: “There is a lack of transparency in establishing the circumstances in which the recommendations of the Area Planner and the Conservation Officer were overturned and whether this was as a result of the initiative of the Senior Executive Planner or any managerial intervention.

“Whichever was the case, the manner in which this intervention occurred is not based on any memo or considered deliberation which is available for consideration on the planning file.”

In response to the An Bord Pleanala decision, an An Taisce spokesman said yesterday: “For a decision to be refused on such a large range of grounds raises major issues of the competence of the council in exercising its functions.”

“It also raises the hypocrisy of current Clare County Council policies to promote tourism in the county, while at the same time degrading the setting of one of the county’s premier heritage legacies.

“It reinforces mounting concern regarding Clare County Councils legal obligations with regard to protecting the safety and operational integrity of the county road system,” the spokesman added.

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Clare weak on wind energy

THE Irish Wind Energy Association (IWEA) has stated that it hopes to increase Ireland’s output from wind energy by more than 1200 per cent over the next 14 years.

As of February of this year, wind farms in County Clare contributed just 32 megawatts to the 600 units produced nationally. This figure will have to increase drastically if Ireland is to reach the target 8,000 megawatts of wind energy projected by the IWEA before 2020.

Of this 32 megawatts, the vast majority is produced at the Booltiagh farm near Kilmaley and at Maonmore in west Clare. The Minister for Communication, Marine and Natural Resources, Noel Dempsey is to attend a major IWEA conference on wind energy at the Falls Hotel in Ennistymon this Friday.

“Despite the recent bad press, wind energy is a very clean and renewable source of energy,” said Niamh Kenny of the IWEA. “People are more concerned about the impact of wind farms in their own area, but when you ask them about it on a national context they are very much in favour of it.

“We are currently working at updating our best practices guideline for wind farms. We cannot be responsible for everything on every wind farm in the country, but we can set out best practice guidelines regarding planning and consultation with local people.”

The conference, which will be chaired by broadcaster John Bowman, will also be attended by Trevor Sargent, head of the Green Party aswell-as representatives from all other parties.

One of the central points will be the possibility of improved connections between the electricity grids in Ireland, Northern Ireland and the UK. This would allow for easier importing and exporting of wind energy and lessen wastage at peak times.

“The main purpose of the conference is to pose a number of technical question to the Minister and especially the one of interconnectivity,” continued Ms Kenny.

“At the moment the anti-wind movement is saying that wind energy is very expensive and this is simply not true.

“It is already much cheaper than gas and oil and as prices for these continue to go up it will become even more cost efficient.”

More than 200 delegates are expected to attend the conference which is called Towards an Energy Policy for Ireland.

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The great election giveaway

THE great election giveaway is underway with Taoiseach Bertie Ahern giving the greenlight to two major infrastructural developments for Clare.

With a general election looming, Mr. Ahern announced that the N18 Ennis Bypass would open four months ahead of schedule in December and that the €119 million project would be completed on budget.

During his visit to the county last week, Mr Ahern also announced that the government had given approval to the €57 million Ennis Clarecastle main drainage scheme.

The National Roads Authority estimates that the all-in cost of the Ennis Bypass will be €204.75m inclusive of construction, land acquisition, planning and design costs. The contract also includes a 7km western relief road N85 to the south and west of the town and will consist of 2.5km of new dual carriageway from Killaw to Clareabbey and 4.6km of single carriageway to Claureen. The bypass is expected to remove 14,000 vehicles from the town on the day of opening, rising to 35,000 in 20 years time.

Speaking in Clare Mr Ahern said, “The Ennis Bypass is an integral part of our ambitious Transport 21 blueprint and, in particular, the Atlantic Road Corridor. Its completion ahead of time and on budget marks the end of yet another one of the country’s notorious traffic blackspots. At peak times, I expect the Ennis Bypass to cut 30 minutes off journey times for people travelling on the N18.”

Ennis Chamber of Commerce has welcomed the announcement but say that a route linking the Quin Road and the bypass must be put in place.

CEO Rita McInerney said, “We have campaigned for a long while to get a link from the Quin road. There is a lot of good development going on out there and the area is a real asset to the town. A link road must be provided in some shape or form. We don’t want the town to be bypassed from a commercial point of view.”

The Chamber also want further consultation on the issue of signage in order to better promote Ennis.

Announcing the approval of the Ennis Clarecastle main drainage scheme, Mr Ahern said it reflected the government’s commitment to infrastructural development in Clare.

“When complete, it will provide sewerage facilities that will cater for continuing residential, commercial and tourism development in Ennis and Clarecastle.”

Ennis Chamber of Commerce also stated the scheme would boost commercial development in and around Ennis.

Councillor Joe Carey (FG) welcomed the news but claimed the delay cost the taxpayers millions.

“I am calling on the Minister of the Environment to avoid any further delay in approving the next step of the project which is assessment of the detailed design and contract documents so that this essential project can move to tender and construction phases as soon as possible.”

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All in a day’s work for under-fire Bertie

PRESSING the flesh, meeting the party faithful, kissing babies and even dropping in on a high-profile wedding; it’s all in a day’s work when you are the leader of the country and just months from an election.

In a whirlwind visit (with a few showers of rain thrown in for good measure) to the county on Thursday, Taoiseach Bertie Ahern visited schools, community projects, golf clubs and homegrown companies before returning to Ennis to rally the troops for nine months of battle.

The cloud of controversy hanging over the Irish premier when he arrived by car ferry in Killimer didn’t seem to dampen the enthusiasm of those there to greet him.

A quick smile and some photos and he was off on his nine-hour, 14-town tour of the Banner County.

After a quick visit to the power station at Moneypoint, the Taoiseach decided it was time to weather the storm of the gathering media in Kilrush.

Taking refuge from the rain at the Marina clubhouse, Mr Ahern fielded questions about multi-million euro payments.

Minutes later, back in the warm glow of his followers, he listened as John O’Rourke, Chairman of west Clare Fianna Fáil, spoke fondly of the party and his leader.

Warm and content, it was off to the seaside town of Kilkee, during one of the wettest days of the year, before drying off in the luxury of the Doonbeg Golf Club.

A quick stop at the Quilty Tavern ensured a few more handshakes and perspective votes, before visiting St Joseph’s Secondary School in Spanishpoint. Minutes later, the perfect photo opportunity to distract the journalists from the contentious story of the day presented itself.

The daughter of one of Ireland’s most popular comedians was getting married in the Spanish Armada.

Rós na Run actress Melanie Grace, daughter of Brendan, was celebrating her nuptials to Frank Gillespie, former owner of the Baggot Inn, when the Taoiseach arrived to offer his congratulations.

Among the guests was Frank’s former business partner, soccer hero Jack Charlton, as well as current Irish manager Steven Staunton and former player Kevin Moran.

Having kissed the bride, Mr Ahern made his way to Ennis for a few planned engagements, then onto Sixmilebridge, Tulla, Scarrif, Raheen and Killaloe. Arriving back in Ennis to speak to the party faithful, the Taoiseach later jetted out of Shannon Airport, a day’s work done.

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No happy ending in Doonbeg

FOUR locals in Doonbeg have lodged circuit court proceedings in a bid to compel Doonbeg golf club to implement the terms of a High Court settlement reached two years ago.

In February 2004, the golf club reached a High Court settlement with five locals over a contentious right of way dispute.

As part of the terms of the agreement, the five agreed to an alternative right of way leading the golf club to build a barrier across the existing right of way which traverses the 15th hole of the golf course to Doughmore beach.

The five that secured the agreement with the golf club were Thomas Considine, James O’Leary, Chris Carroll, Sinead Carroll and Simon O’Donnell, who has since passed on.

Arising from the High Court settlement, Doonbeg golf club built a six foot high wall across the disputed right of way.

However, this precipitated An Bord Pleanala ruling that the club acted illegally in building the wall and that decision is now the subject of a separate High Court action by Doonbeg Golf Club.

Now, the surviving four involved in the original High Court settlement have lodged papers with Ennis Circuit Court alleging that Doonbeg golf club “has failed, refused and neglected to take the requisite steps to comply with the Terms of Settlement and has failed to meet its obligations on foot of the settlement”.

The four claim that no steps have been taken by Doonbeg golf club to register the four’s right of way as a burden on their title deed; that no steps have been taken by Doonbeg Golf Club to register the right of the four to drive onto Doughmore beach and that Doonbeg golf club has failed to extend the existing carpark by July 1, 2004.

The four also claim that Doonbeg golf club have failed to provide a tarred access road from the Caherfeenick Road to the entrance of the proposed car park and they have failed to erect the collapsible bollards, failed to provide the keys and failed to provide the designated carparking spaces for each of the four.

The four state in breach of the undertaking at clause 5, Doonbeg Golf Club erected collapsible bollards, but have failed, refused and neglected to provide the four with electronic keys for the purpose of collapsing the bollards in question.

The four are now seeking an order compelling Doonbeg to comply with the terms of the High Court settlement.

Counsel for Doonbeg golf club is likely to seek an adjournment in the case pending the completion of the High Court action concerning the An Bord Pleanala decision.

The High Court proceedings in relation to the An Bord Pleanala decision were launched by the golf club in June of last year and the case is likely to be heard again in the High Court before the end of the year.

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Breen angry over Bertie’s remarks

CLARE Fine Gael Deputy Pat Breen has vowed to hold the Taoiseach to account when the Dáil resumes tomorrow (Wednesday) over comments he made in an interview on local radio last week in which he described the closure of Shannon Airport’s only public bar as “petty.”

Deputy Breen was speaking following last Thursdays interview on Clare FM when Taoiseach Bertie Ahern said that the closure of any service at Shannon should not have anything to do with the airport’s ongoing development.

“Obviously if you have more people you require more services. If there is something petty like that going through I am sure I will hear about it during the day,” the Taoiseach said.

Earlier this month, Shannon Airport confirmed the closure of the airports only public bar “until further notice”. The Shannon Airport Authority said, “The airport has begun to implement a policy of non-replacement of seasonal staff in response to its ongoing financial difficulties. As a consequence, it will not be possible for the foreseeable future to continue operating all the current catering services in the terminal.”

Deputy Pat Breen says he will hold the Taoiseach to account over his comment on the cost-cutting measures being introduced throughout Shannon Airport when the Dáil resumes this week.

“The Taoiseach will attempt to wash his hands of the swingeing cuts taking place at Shannon just as he has with the HSE. The truth is that he heads up the Government, the sole shareholder of the Dublin Airport Authority, and must take responsibility for the savage policies being implemented to reduce the Airport cost base.”

Deputy Breen said that he has met airport workers who informed him that staff numbers were being run down in preparation for the outsourcing of food and drink facilities and critical services at the airport.

“The closure of the Marsh Point and the reduced hours for the Londis shop are the tip of the iceberg. Staff are bracing themselves for the curtailing of opening hours at other profit making ventures such as the Estuary Restaurant and the Duty Free Shop. There is also a clear attempt to shut down the Shannon InFlight catering operation by letting seasonal staff go and keeping airport operational costs artificially high through paying of overtime instead of hiring and keeping the extra staff needed,” Deputy Breen said. MINISTER for Transport, Martin Cullen TD will be at Athenry Station at noon today (Tuesday) to announce the reopening of the Western Rail Corridor, Phase 1, Ennis – Athenry. The line has been disused for passenger services for the last 30 years. Funded under the government’s transport initiative, Transport 21, this historic announcement will see a major investment into public transport for the west of Ireland.

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Dogs depend on tunnel for new home

PLANS for a ‘world-class’ €20 million greyhound stadium may not be able to proceed until the completion of the €400 million River Shannon tunnel – in four years time.

This follows the National Roads Authority (NRA) making a submission to Clare County Council stating that the stadium should not be opened until the Shannon tunnel and connecting roads become operational.

In its submission, the NRA state, “The authority requests that all recommendations of the Road Safety Audit (RSA) should be conditioned on the developer and the proposed development should not be opened until the entire N7 Limerick Southern Ring Road, including all ancillary works for Clare and Meelick are fully completed and operational.”

Earlier this year, plans were lodged by the Irish Greyhound Board for the 3,000 capacity stadium with a board spokeswoman anticipating that the facility will be operational by 2008.

However, the NRA puts that timeline in jeopardy now. The Shannon tunnel is the biggest infrastructural scheme being undertaken by the NRA outside the capital and construction work on the scheme is due to commence early next year with a three to four year works programme.

The planned stadium is proposed for a site near the well-known the Two Mile Inn Hotel.

In spite of concerns expressed over the plan by the NRA, Councillor Joe Carey (FG) said that the proposed stadium “could become one of the great sporting success stories of the mid-west region.

“This is a fantastic proposal which will transform the whole greyhound experience for the general public, dog owners and trainers alike in the Clare, Limerick and greater midwest region,” he said.

“The sport of greyhound racing has grown dramatically in modern times with so many people getting involved in dog racing syndicates. The current facility at the Markets Field in Limerick is lagging light years behind such stadiums in Galway and Cork.”

Cllr Carey said that the plans lodged with the council will not only rival stadium facilities in Cork and Galway, but surpass them.

The plan is to construct the five storey stadium and a three storey office building at Meelick and will employ 100 people.

The plan is to also include betting facilities, two restaurants and four bars with a dance floor and function areas.

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Cyclist dies, rally driver critical as Clare road carnage continues

IN A BLACK weekend on the county’s roads, an Ennis cyclist died tragically on Saturday night, while a rally driver is fighting for his life.

Rally driver Thomas White (37), from Ballagh, County Limerick, is understood to have lost control of his Toyota Starlet coming into a bend during stage five of the Clare Stages Rally, at Ayle, near Feakle, at around 2pm on Sunday.

The car smashed head on into a tree. Mr White’s co-driver escaped without injury.

Mr White, who is married with a 16-month-old child, was last night in a ‘critical’ condition in hospital in Limerick.

A spokesman for the rally organisers said they were “satisfied the safety plan was in place and working properly.”

A 60-year-old man became the eighth person to die on the county’s roads this year.

John Fitzgibbon, from Knockanoura, Tulla Road, Ennis, was walking across the road near St Joseph’s Hospital at Lifford Road with his bicycle, when he was struck by a taxi, at around 9pm on Saturday. He died instantly and the taxi driver did not sustain any injuries.

Mr Fitzgibbon, who was unmarried and lived with his sister Philomena, will be laid to rest today.

Originally from Ennis, he was one of a family of 10 and worked for many years as a farmer.

“He was an absolute gentleman. If you wanted help with anything, all you had to do was ask him. He was an honest decent fella,” said his neighbour and friend, Seán McMahon.

Only a few witnesses to the fatal accident have come forward and gardaí are seeking assistance.

“We need to know where exactly he was, what position on the road. Someone would have seen him prior to the accident,” said Inspector Kevin Moynihan.

“It was a sad, tragic weekend. A life has been lost. This brings us up to the same number of deaths as last year in the Clare Garda Division,” he added.

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Road will pass near ancient abbey

PLANS have been lodged with Clare County Council to construct a roadlink to the Ennis by-pass that would open almost 60 acres of land for commercial development on the outskirts of Ennis.

The move by Michael Lynch Ltd is the latest by developers in the scramble to exploit the commercial opportunities provided by the opening of lands by the €190 million by-pass.

Already, plans for two large-scale retail parks have been lodged. One of the options put forward for the lands near Clareabbey by Michael Lynch Ltd is for the development of a 42,000-capacity stadium.

The proposed development of a 1.5km-long single-carriageway is to connect the Clonroadmore industrial estate, where the headquarters of Michael Lynch Ltd is based, and the western relief route of the Ennis by-pass.

The road will open up lands for development at Clonroadmore, where the company propose to develop the stadium along with 8,000 sq metres, a 70-bed hotel, 650 sq metres of offices, 1,200 sq metres of a conference facility, 240 houses, 1,000 sq metres of gym, an all-weather pitch, a three to four acre public park around Clareabbey and park-and-ride facilities along with a train stop.

The second option put forward for the land is the development of 400 residential units, 25,000 sq metres of retail warehousing, a three to four acre public park around Clareabbey, park-and-ride facilities and a train stop.

The company states that the road will unlock development lands and will facilitate the orderly and controlled development of land in close proximity to the urban core of Ennis.

The proposed link road is to be located 30 metres from the national monument, the Clareabbey.

However, the Environmental Impact Statement (EIS) states that the site of the proposed route is “outside the area of highest archaeological potential”.

The EIS does acknowledge that “it is possible that archaeological deposits may be present within Area 2”.

As part of consultation for the EIS, An Taisce’s Heritage Officer, Ian Lumley stated that the “proximity of the proposed route to the ruin of the medieval Clareabbey and its impact on the physical and landscape is seriously problematic”.

Meanwhile, Green Party Councillor Brian Meaney said the abbey has been isolated and hidden away for years and he is doubtful that the road will “alter the integrity of the abbey.”

He believes the road will improve access to the historic site and reduce anti-social behaviour on the grounds.

A decision is due on the application later this year.