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Burren renewal

AFTER more than a decade of neglect and inaction, Clare County Council and other agencies have moved to rejuvenate the Burren in ambitious proposals lodged with Fáilte Ireland.

The €1.4m plan is a bid to significantly boost the Burren’s tourism potential and halt the environmental damage to the area.

The move arises from the absence of any visitor management plan for the area.

The council points out that the three reports published on the proper management of the Burren since proposals for a visitor centre at Mullaghmore in 1991, contained worthy suggestions and recommendations, “but unfortunately until recently very few actions have followed these recommendations.”

The document states that in the absence of any visitor management strategy, environmental damage has occurred through car parking and camping on fragile species-rich limestone grasslands.

Several favoured landscape viewing-points and major tourism routes have become traffic congested. Visitors constructing “mini-dolmens” have destroyed limestone pavement. Weathered limestone has been taken away for garden products. Graffiti has appeared on ancient monuments. Rare and endangered flora has been picked.

“From an economic and social viewpoint, the tourism industry of the Burren presents an unbalanced picture, with the majority of tourism infrastructure found along the western and northern coastline and less emphasis in the central and eastern areas.

“This leads to an unbalanced distribution of visitors and a resulting imbalance in the distribution of local economic benefit,” the document states.

Through the plan, the council, along with Shannon Development, Burrenbeo and others “is seeking to put in place an overall integrated management structure for the development of the local tourism product and the conservation of the environment in the Burren.”

It is intended to advance and integrate several existing community, nature conservation, archaeological and tourism initiatives that are operating in the Burren and combine these efforts with infrastructural improvements to be undertaken by the council.

The bodies involved will address the issue of carrying capacity at “honey-pot” destinations and address access issues with walking routes and monuments.

Council Director for Planning, Bernadette Kinsella, confirmed that the application to Fáilte Ireland for funding has the backing of the National Parks and Wildlife Service, the Heritage Council, the National Monuments Service of the Department of Environment, Heritage and Local Government, the Burren Centre in Kilfenora; north Clare councillors and Oireachtas members, Burren tourism service providers, farmers, local village communities and others.

The project will take three years to implement.

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Sting in the tail for departing official

THE chairman of Rural Resettlement Ireland has said Graham Webb, the former senior executive planner with Clare County Council, will be remembered in the West of the county for the unpopular zoning areas for development.

“I wish Graham Webb well in the future, but that said, in the experience of the people of Loop Head he was the figurehead representing the planning section of Clare County Council, who conducted public meetings where the total alien concept of zoning for the purpose of enforced villagisation of rural areas was rolled out.”

“In spite of being utterly rejected by the people culminating in a picket, which included local priests outside a council meeting, this enforced villagisation process was passed by council members to their eternal shame,” added the Kilbaha man.

During his five years in Clare, Mr Webb was the architect of Clare’s various Development Plans.

Speaking to The Clare People before he left his post, Mr Webb said, “All settlements are zoned which means we should be able to start making the arguments to have the infrastructure put in place to support growth in those settlements.”

The former senior planner felt, however, that the county council had been let down by the Department of the Environment and Local Government, as it did not provide the funding for infrasturutre to support such settlements.

Mr Connolly has argued against all zoning of lands for housing in the West.

“The West Clare Development Plan which excludes any housing developments outside of the zoned yellow areas, except in most restricted circumstances, to locals is a system of enforced “villagisaton” which will ensure the depopulation of the Loop Head area.

“It is totally at variance with the National Spatial Strategy and the Government policy of ensuring the survival and development of dispersed village communities. This applies especially in Clare areas such as Loop Head.”

Mr Connolly said that the Taoiseach had stated in the past that, “dispersed villages are as much a real village as any town of city.”

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Bord overturns permission for Kilfenora centre

AN Bord Pleanála has overturned a decision by Clare County Council to prevent the further development of the residential retreat, the Boghill centre near Kilfenora.

The decision also offers the first clear evidence that the appeals board is implementing the “Government A 30-YEAR-OLD man who shouted at bouncers after being refused entry to a nightclub in Shannon has been ordered to stay away from alcohol.

Gerard Slattery, of Tradaree Court, Shannon, was charged with engaging in threatening, abusive or insulting behaviour, on October 16, 2005.

Gda Michael Golden told Shannon District Court the accused was refused entry to the Shannon Knights, shortly after 1.30am.

“He was shouting at the bouncers. He was in a bit of a state of anger,” said the garda.

Defending solicitor, Tara Godfrey, said her client was extremely drunk and pleaded guilty at the first opportunity.

Judge Joseph Mangan adjourned the case and ordered that a probation report be carried out.

He ordered the accused to stay out of Shannon Town Centre between Sustainable Rural Guidelines On One-Off Housing” more generously than Clare County Council.

Last year, the council refused the Boghhill centre, planning permission to build two houses.

One of the homes refused was for centre manager, Sonja O’Brien, who had been living in a caravan since her home was destroyed by fire. 8pm and 7am, to abstain from alcohol and to sign on at Shannon Garda Station twice a week. A MAN has appeared in court, charged in connection with an incident in which a garda was knocked down, while directing traffic.

Garda Liam O’Haire was knocked down on the Gort Road in Ennis, as he directed traffic, at the scene of an accident.

He sustained serious injuries, including a broken wrist and hip and back injuries in the accident on October 20 last. He is still out on sick leave.

Gerald Kenny, of Girroga Heights, Gort Road, Ennis, pleaded guilty to careless driving.

Inspector Michael Gallagher told the court that the accused was driving from the Gort Road, towards Ennis, when he struck the garda.

The council refused planning permission as it ruled that Ms O’Brien did not demonstrate that she was a local rural person, having a requirement to locate in the rural countryside, therefore materially contravening the objectives of the Clare County Development Plan.

In adjudicating on the decision, the Board Inspector upheld the views of He said like many motorists tended to do from time to time, the accused was watching the traffic accident and was not watching the road.

The accused’s solicitor said the night in question was bad and his client could not work full-time, due to a heart complaint. A fine of €300 was imposed. the council on the ‘locals-only’ rule and stated that the proposal would set an unwelcome precedent for similar development in the open countryside.

However, the Board of An Bord Pleanála overturned both the decision of the council and the council’s recommendation to grant planning for one of the homes, citing the Government’s “Sustainable Rural Housing Guidelines for Planning Authorities.

The Boghill centre occupies 50 acres on poorly drained land north of Kilfenora. Facilities of the centre were expanded in 2003 with the development of a 120–seat hall, pottery workshop and two accommodation blocks.

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Doolin’s people power

A COMMUNITY-WIDE drive to prevent Doolin from being “overrun” by tax-driven holiday home developments has succeeded.

An Bord Pleanala has overturned a decision by Clare County Council and refused planning permission to Joe Garrihy, to develop 19 holiday homes and seven permanent homes at O’Connor’s Campsite in Doolin.

The application was the largest of the multiple applications for holiday homes, which formed part of a deluge of applications lodged with the council prior to the end of 2004, in order to take advantage of tax incentives.

In the face of community pressure last year, four separate developers withdrew their applications for 37 holiday homes and eight apartments.

Since then, local opposition has succeeded in preventing a hotel and eight other holiday homes from being developed. The only tax-driven application that remains “live”, are plans for eight holiday homes.

The Board inspector in the Garrihy case recommended that planning permission be granted on grounds including that the plan would not seriously injure the amenities of the area, or property in the vicinity.

However, the Board found that the proposal would be premature by reference to the existing deficiency in the provision of sewerage facilities in Doolin and the period within which the constraints involved might reasonably be expected to cease.

The Board also ruled that the layout of the proposal, due to its suburban style design and layout, and the proximity of dwellings numbered 11 to 18 to the River Aille, would fail to enhance the existing character and qualities of the settlement of Doolin.

It was stated that the plan would endanger the vegetation and structure of the riverbank and would seriously injure the amenities of the area.

The Board ruled that the plan, by reason of the inadequate provision of private open space for the permanent dwellings numbered would provide a substandard level of amenity for the future occupants.

It would, therefore, be contrary to the proper planning and sustainable development of the area.

“In deciding not to accept the Inspector’s recommendation to grant permission, the Board had fundamental concerns with the layout, which could not be overcome by condition.

Furthermore, the Board considered the location of the proposed temporary wastewater treatment system outside the settlement boundary of Doolin.

It was found not to be in accordance with the provisions of the current development plan for the area.

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‘We fought for our survival’

A SPOKESMAN for the Doolin residents group that opposed the taxdriven holiday homes for the area said that the battle “was in many ways the community fighting for its own survival”.

“If these applications had gone through, it would have resulted in 25 years development in one year. This would have represented overdevelopment and turned Doolin into a ghost town with empty homes all over”.

The spokesman conceded that the issue “divided the community to a certain extent, but we have to live as a community.”

He also criticised Clare County Council for breaching its own development plan to facilitate the development, by allowing the sewage treatment plant for the proposal to be built on unzoned land.

“The council should really abide by its own development plan and we shouldn’t have to rely on An Bord Pleanala to enforce the council’s own development plan.”

The spokesman said that it was a regret that the residents did not come together sooner to act, as a number of tax-driven holiday home developments were already granted or it was too late to object.

“A number of the holiday homes that did receive planning permission are selling for between the €350,000 and €450,000 and the total value of the homes would be €20 million.

“This wealth is being accumulated by people not from the area and the tax reliefs represents a massive loss to the Exchequer and still we can’t get the €4 million for a new pier at Doolin. The holiday homes are taxdriven and nothing to do with the market. The style of the houses was also not in keeping with the area.

“With the drawing up of the development plan, there was a great turnout in Doolin and the people’s views need to be listened to.”

The spokesman said that land in Doolin is now selling up for €1 million per acre.

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Not so Clare air found in Ennis

SAFE levels of smoke and grime in the air have been breached in Ennis eleven times in the last two months.

That’s according to the results of air quality testing which has been carried out by the mobile Environmental Protection Agency (EPA) in the town.

A spokesman for the Environmental Protection Agency agreed that the levels were “high by comparison to other similar sized towns” but the lack of a smoky fuel burning ban could account for this.

The EPA’s mobile unit has been carrying out testing in the town on a daily basis for the last eight weeks.

The testing is part of a national project and Ennis is the last of 20 towns visited over the last three years.

The mobile unit spends six months at a time in each town, testing for levels of gases and substances, including sulphur dioxide, nitrogen oxide and particulate matter, which is smoke, dust and other small particles suspended in the air.

A spokesman for the EPA said that so far, all tests for nitrogen oxide and sulphur dioxide in Ennis have come in way under the level which is considered safe.

The levels of smoke particles and other grime suspended in the air have been breached six times during the last month.

But the EPA spokesman said that this alone was not cause for alarm.

“The safety limits state that there can be 35 days in the year on which the limits can be exceeded.

“It is not believed to be a threat to health until there have been 35 days in excess of the safety levels.”

The fact that there have been so many in the first two months of the year does not mean that the town will be over the 35 instances limit for the year.

“This was a very cold period, so we would expect people to be lighting more fires and for there to be more smoke present.

“But if it was in excess on more than 35 days, then a decision would have to be taken on whether continuous monitoring is needed.

“The county council would have to decide what action to take” the spokesman said.

The issue of consistently high levels of dust and smoke in the air was raising concerns for public health and safety right across Europe, the spokesman said.

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Big bucks for Clare lawyers

THE Clare-based senior counsel, Brendan Nix, earned almost a quarter of a million euro through the criminal legal aid scheme last year, figures released by the Department of Justice reveal.

The figures released to The Clare People in response to a Freedom of Information request show that Mr Nix received €241,724 – the eighth highest amount paid out nationally last year.

Nationally, barristers and solicitors shared a €36.97 million bonanza through the criminal legal aid scheme – an increase of 38.5% on the €26.7 million claimed in 2004.

Solicitors’ firms received €21.472 million, while the barristers received €15.498 million.

Another barrister to feature in the top 10, who conducts a sizeable proportion of his work at Ennis Circuit Court is Brian McInerney BL. He received €229,371, the ninth highest amount nationally.

Other barristers operating in the Clare-Limerick area to feature highly on the list include Mark Nicholas BL who received €126,573 and Michael Fitzgibbon BL who received €23,718.

Mr Nix carries out much of his work at the Central Criminal Court. With Mr McInerney, he acted in a recent murder case at the Central Criminal Court in Ennis.

The barrister who successfully defended Garda Pat Keating at Ennis Circuit Court, Thomas Creed SC, received €58,308 through the criminal legal aid scheme last year.

Ennis-based solicitor, Tara Godfrey received the highest amount amongst Clare solicitors at €60,636 in 2005.

Shannon-based Catriona Carmody received €38,710, the Kilrush-based Eugene O’Kelly received €37,160 and William Loughnane received €15,434. Ennistymon-based Judith Foley received €10,907 and Joseph G Chambers received €10,145.

The figures also show that Limerick-based solicitors who carry out work in the Clare courts received high amounts. Ted McCarthy received the 10th highest amount in the country at €525,437 – up €75,000 on his 2004 total, while John Devanne received €196,629 – almost double his 2004 criminal legal aid income of €104,148. The figures also show that the Limerick practice of recently-appointed district court justice, Aeneas McCarthy, received €257,867 in 2005.

They do not take into account the various costs that the barristers and solicitors have. They don’t include the amounts paid to barristers and solicitors from the Legal Aid Board, which mainly concerns legal aid for civil cases.

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Family’s relief at conviction

THE family of a Kilmaley pensioner who was beaten to death in Birmingham last year has expressed relief that his killer has been held accountable.

Danny McGann (73), a native of Gortagannive, Kilmaley, was found dead in the garden of his home in the Acock’s Green area of Birmingham, on September 28, 2005. He had lived and worked in Birmingham for several years, having emigrated in the 60s.

Heroin addict Mohammed Naheem (35), of Enville Grove, Sparkhill, Birmingham, admitted murder and was jailed for life at Birmingham Crown Court last week.

Danny’s brother Christy McGann (84) said the conviction did not change anything for the grieving family.

“It doesn’t change things for us. It makes no difference now. It was very sad the way he died and we have to put up with it now. We can do nothing about it now . . . it is done with now anyway,” he said.

“We have gone through enough sadness. We want to know no more about it now”.

Kilmaley parish priest Fr Michael McLaughlin said there was “no winner” in the case.

“It is good there is closure. Thankfully he pleaded guilty so the family did not have to go through a trial in court. They have gone through enough already. Danny will be remembered by everybody. He was such a gentle man and was in the wrong place at the wrong time,” added the priest.

Mr Justice Hodge, in passing sentence last week, said the killer would spend 26 years in jail before being considered for parole. Naheem stole property from Ms McGann’s home, while he lay dying outside.

Naheem was jailed for 10 years in 1997, after he and another man had broken into the home of an 87-yearold woman and fractured her skull.

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Man jailed for A&E ‘gun’ threat

A HOMELESS “chronic alcoholic” who threatened staff at Ennis General Hospital with an imitation gun has been jailed for two years.

Oliver Boylan (38), a native of Dublin who has lived in Ennis for the past few years, pleaded guilty to the offence, on May 3, 2004. Boylan had spent the past six months in a shed on the Bishop of Killaloe, Dr Willie Walsh’s premises.

Ennis Circuit Court heard allegations that the accused – a separated father-oftwo – had suffered abuse in an orphanage some years ago in Dublin and currently had an application before the Residential Redress Board.

He had one previous conviction, after he went to a former partner’s home with a hoax bomb and threatened to blow up the home, in Dundalk in 2000, for which he received a suspended sentence.

Detective Garda Kevin Kennedy said Boylan pointed an imitation gun at a doctor and nursing staff at the accident and emergency unit at the hospital and threatened them. He demanded a brain scan and looked for his girlfriend. On seeing that a doctor was going to ring gardaí, Boylan threatened to shoot him, if he failed to put the phone down.

He had been admitted to hospital 10 minutes earlier and was heavily intoxicated. Two security guards at the hospital wrestled him to the ground. Det Gda Kennedy said he himself knew, after taking possession of the implement, that it was not a real firearm. This was confirmed after analysis in Dublin.

Defending barrister, Michael Fitzgibbon said this incident was “a disgraceful escapade”, but there was no intent to intimidate anyone. Boylan wanted to see his girlfriend “at any cost.”

Boylan himself told the court the incident was all down to drink and that he needed treatment in his head. He said he accepted the best place for him was in prison, if he could get suitable treatment. Judge Carroll Moran said he has a considerable amount of sympathy for Boylan, who he said, clearly needed help.

“Violence at A & Es in hospitals is becoming a prevalent problem everywhere and doctors, nurses, porters and staff are entitled to protection,” he said, adding he must take into account the man needs help.

Judge Moran said if he had been convicted by a jury he would be facing a sentence up to six years. Boylan, he said, was entitled to a substantial decrease because of the plea and because of his condition.

He imposed a two-year sentence and ordered that Boylan receive treatment for his alcohol problem while in jail.

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Bishop pleased with judgement

THE Bishop of Killaloe has urged victims of institutional abuse to come forward, after an abuse victim was jailed last week for threatening hospital staff with a fake gun.

Dr Willie Walsh was speaking after homeless man Oliver Boylan was jailed for two years for threatening staff at Ennis General Hospital with an imitation firearm.

Boylan’s barrister told Ennis Circuit Court that his client suffered from ‘horrendous physical and sexual abuse’ in an orphanage in Dublin in the past, and had been unable to deal with this.

The Bishop allowed Boylan to sleep in a shed on his premises in Ennis for the past six months.

He told The Clare People that he was pleased the judge ordered that the accused receive treatment for his alcoholism, while in jail.

“I’d certainly hope he would get the treatment while he is in prison because he does very much need it. I would have found him at an extremely low ebb,” said Dr Walsh, who revealed that Boylan discussed his abuse with him.

“Our prisons should be more about rehabilitation than punishment. There should be more help there for people and the period immediately after release is the most crucial period,” he said.

He believes the abuse suffered by Boylan in the past has played a role in his life going downhill in recent times.

“I would certainly say it [the abuse] is an important factor. All of our lives are so complex it is very hard to put all of our difficulties into one particular experience,” he said.

He is advising victims of abuse to come forward.

“I’d certainly say if somebody has suffered abuse, it would be our policy in the Diocese to welcome people coming to us.

“Some people can live with these things for years and it all comes flooding back to them,” he added.

The Bishop said he did not deserve praise personally, regarding Oliver Boylan.

“He came and knocked on my door and was desperate at the time…I wouldn’t want in any way to say I saved him. I didn’t. At times I felt I…I wouldn’t do anything.

“ I would say there are flaws in the system, but no system, based on rules and regulations can deal with every case,” said the Bishop.

He praised groups like St Vincent de Paul and the Samaritans.

“However, some needs fall beyond that.”