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‘Grave concerns over mostly English planning proposal’

COUNCILLORS clashed during last Friday’s special meeting of Clare County Council about a proposal to allow a “mostly English owned” company to build a crematorium in Clarecastle which the local authority had recently turned down plans by “one of our own” to construct a similar facility in Shannon.

Independent councillor Ann Norton warned that Clare County Council must be seen not to “discriminate” against any proposal which could potentially bring development and jobs into the county.

His comments came in the wake of an outburst by Cllr James Breen (Ind) who questioned proposal because it was being put forward by a “mostly English” company. Cllr Breen raised concerns about other planning permissions which were not granted in the area.

“I know a gentleman living in that area [Clarecastle] who is receiving dialysis two times a week. He wanted to sell two sites on his land to pay for his treatment and he is being told that he can’t,” said Cllr Breen.

“To bring two applications [the Clarecastle and Shannon cremato- rium proposals] to the council at the same time was wrong. That, as far as I am concerned, is playing off one against the other.

“We can grant planning to a consortium which is mostly English owned and we turn down one of our own. I don’t think this is right and this council should not accept the proposal.”

A spokesperson from Clare County Council explained that both applications had come before the July meeting of the local authority because a decision to sell council land for the Shannon proposal was delayed as a result of the local elections.

Speaking on the proposed Clarecastle crematorium, Cllr Ann Norton said that Clare should be open for both local and international investment.

“I think it is important as councillors that we are not seen as discrimination against anyone who comes into Ireland and wants to invest. We have to appreciate that Ireland needs jobs and need to bring in outside businesses. As councillors, we need to show that we are open for business in Ireland regardless of whether they are local companies or outside businesses who are coming into invest,” she said.

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Beach tannoy annoucements to stop dogs falling foul of the law

THE dog days are coming to an end on two of Clare’s flagship seaside resorts as a new loud-speaker system, designed to prevent dog fouling, has just been installed on Lahinch and Kilkee beaches.

The new high-tech tannoy system, which was installed on both beaches yesterday afternoon, will give beach users an audio warning, asking them to obey the beach bylaws and clean up after their dogs.

The system is motion activated, with a message being played every time a member of the public, or indeed a dog, comes close to the sensor array, which is located on the promenade of both beaches.

Contrary to local speculation, the system will not include a high frequency warning that can only be heard by dogs, but will be powered off at night to prevent the warning from becoming a nuisance to local people trying to get to sleep.

The public address system is the latest part of Clare County Council efforts to change public attitudes towards littering and is the brainchild of new Irish company, Riteview.

The company have been in Lahinch and Kilkee for the past two weeks, conducting a survey of dog use on the beach and the level of dog fouling. Company founder, Aidan McDermott, yesterday predicted an 60 to 80 per cent reduction in dog fouling over the next month.

“It’s a small unit which is attached onto a poll on the promenade in Kilkee and Lahinch. When somebody walks past it triggers an audio message.

“This audio message is customisable so it can whatever the local authority want, so in Lahinch and Kilkee it will focus on cleaning up after your dog fouling.

“It’s about changing people’s attitudes and the culture generally. The idea is to make it socially unacceptable for someone to turn a blind eye as their dog leaves fouls in the beaches. It is about tacking the unsightly nature of dog foul and the health ef- fects, it can be a dangerous thing for children, especially in seaside areas when they are digging in the sand. It will also shut down at night. So if people coming home from the pub want to have some fun by triggering it off over and over again, they won’t be able to.

“We are tracking the results in Kilkee and Lahinch. We have been doing an analysis over the past number of weeks and assessed things like the number of dogs on the promenade, the peak times of the day for dog walkers and the level of dog fouling. We will be tracking the results from the Clare beaches and we would hope to see improvement of at least 60 per cent but it could be as high as 80 per cent or higher.

“This is a preventative measure. It a positive message about changing people’s behaviour and saving money, both for the dog owners themselves and the overheads for the council who won’t have as many prosecutions to follow through on.”

Riteview is an Irish start-up company based in NUI, Maynooth.

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Legal aid unlikely for couple contesting the repossession of home

A WOMAN whose home is due to be repossessed by a financial institution has been told she will be able to stay there for Christmas.

The woman was one of a number of debtors who appeared at a sitting of the County Registrar’s court at Ennis Courthouse on Friday.

A financial institution is seeking possession of the woman’s house in Clare. Details of the application were not heard, as this was the first time the application was before the court.

County Registrar Pat Wallace asked the woman who was living in the house. The woman said she and her two children were still in the property. She said she would not be contesting the application. Mr Wallace adjourned the application to November 14.

“Do you think I’ll still be in the house for Christmas,” she asked the registrar. He told her she would.

In another case, the county registrar advised a couple seeking to adjourn an application for repossession to “stop this mumbo jumbo for legal aid”.

The couple owes € 74,795 to AIB for a mortgage in South East Clare.

The defendants, who were not in court and not legally represented, have failed to make monthly repayments.

Solicitor for the bank said attempts to make the couple re-engage with the process have proved unsuccessful.

Mr Wallace said, “I don’t know what is going on with these defendants. The money is not insurmountable.”

The court heard that couple are attempting to get legal aid and have sought an adjournment of the application.

The registrar said he believed the application was a “waste of time” as he believed legal aid would not be granted.

He told the bank’s solicitor to make contact with the debtors. He said it was time for the couple to start engaging with the process. “Tell them facts of life and that something is going to happen”.

“They have to stop this mumbo jumbo with legal aid that will probably be refused,” he added.

He directed the bank to make contact with the debtors. He adjourned the application to November.

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Councillors reject crematorium plans

CLARE is set to remain a crematorium free zone, as councillors from Clare County Council voted against plans to construction two separate crematoriums at Clarecastle and Shannon in the past eight days.

The latest proposal, which came before a specially convened meeting of the local authority on Friday, included plans for a € 5 million development including a crematorium and a massive graveyard capable of accommodating up to 4,000 graves.

The project, which was proposed by Fenloe Properties Ltd, came be- fore the council because the land earmarked for the development had been zoned residential and a material contravention of the Clare County Development Plan was required in order for the planning to go ahead.

Indeed, a planning application for the proposed facility was already at an advanced stage with the CEO of Clare County Council, Tom Coughlan, stating before the debate that planing would almost certainly be granted – if the councillors had voted for the re-zoning.

A large crowd packed the public gallery during the debate, which lasted for nearly an hour. A number of councillors raised issues in rela- tion to the proposed Clarecastle site including the potential for pollution reaching the local water system, the traffic management of the site and a previous planning application for 250 houses on the site.

A number of procedural issues were also raised in relation to the proposal, including the proposal being advertised in the national and not the local media, with some claiming that more locals would would have made submissions on the proposal if it had been advertised locally.

Councillors also questioned why the zoning issue was not brought before the council before the applicant entered into the planning process.

“I would have though it unusual for planning application to be made on lands that was known not to be appropriately zoned. I don’t see why this has taken place in this way,” said Cllr Michael Begley (Ind).

“I don’t understand why a decision was made on the planning before a material contravention was granted. Would it not have been more appropriate for a material controvention to be made before this go so far in the planning process.”

Before the vote Clare County Council CEO, Tom Coughlan, said that the would be no change to council policy towards local burial ground no matter what the outcome of the Clarecastle facility.

“The council’s policy regarding the development of burial grounds is community driven. Unless there is a change of mindset at community level, we don’t see this changing. There will be no bylaw passed by Clare County Council to say that people cannot intern their loved ones in their local community,” he said.

The matter was put to a vote with 11 councillors voting to grant the material contravention and 15 voting against it. There was no party whip applied to the vote and councilors from all political party’s both supported and opposed the crematorium.

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Quilty faces winter without flood defences

MORE than 16 families in the Cloughaninchy area of Quilty face an anxious wait this winter as it is now seems virtually certain that no fresh flood defenses will be in place before next year.

Residents of the area, which bore the brunt of severe storms in January and February of this year, face an anxious winter with little protection from a similar storm or high tide event. According to local councillor Michael Hillery (FF), Clare County Council have had its hands tied on this issue – as central government have yet to respond to a funding request following St Bridget’s Day Storm last February.

“There is no firm date for works to start in the Quilty, Tromera and Cloughaninchy coastline.

“We are currently awaiting a response from central government in relation to the February storm damage assessment and coastline protection works. When this response is received we will be able to progress with a fully resourced programme of coastline repair work for the entire county,” said a council spokesperson last week.

According to Cllr Hillery, people in the area are already starting to get nervous ahead of possible storms this winter.

“The council has put in a request but the Government has not responded so money can’t be allocated and work can’t be done. The council’s hands are tied, there is nothing they can do until they get some response from government,” he said.

“The residents are very concerned, especially for their homes, but the local roads and farms were also badly effected last year. It’s already too late, nothing will happen this year.

“The whole area are concerned but especially the residents of Cloughaninchy. These people are facing next winter with nothing in place to protect them if something happens again this year.

“We had a number of Ministers down here and they all made promises. It really was just a PR visit and nothing has actually happened.”

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Council to ‘go all out’ on new car park

CLARE County Council has been urged to “go all out” and purchase a site in the Buttermarket, Ennis for the development of a new car park in the town.

That’s according to former Mayor of Clare, Cllr Pat Daly (FF), who raised the issue at yesterday’s meeting of the Ennis Municipal District Committee.

In a motion, Cllr Daly called on the Municipal District “to seek funding for the purchase of the site at Buttermarket, Ennis with a view to constructing either a ground floor car-park or a multi-story car park, particularly as parking in the town is at a premium presently”.

Cllr Daly told the meeting there are very few sites in Ennis that would be suitable for car-park development.

He said parking is a major issue, particularly for businesses in the town.

He said the Council should “go all out” to purchase the site, even if that meant lobbying the Department of Environment.

In his reply, Senior Executive Engineer, Eamon O’Dea said Ennis Town Council had previously “pursued acquisition of this site for the purposes of car-parking and had agreed a purchase price and paid a deposit”.

He continued, “Following examination of title and other matters, the Council on advice of the Town Solicitor and in the absence of issues being clarified by the liquidator, the sale did not proceed. The property was recently offered again for sale and the Council has again submitted a bid for the property”.

Director of Service and Ennis MDC Coordinator, Ger Dollard, said he was aware the site had recently been sold at auction and the issues around title had been resolved.

Cllr James Breen (Ind) told the meeting it is “very necessary” new parking facilities are developed in the town. Cllr Mary Howard (FG) said she fully supported the proposal.

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Calls for State to buy Edna O’Brien family home

THE FORMER home of controversial Clare novelist Edna O’Brien could be purchased and maintained by the Irish state.

Calls have been made for the State to intervene and purchase Drewsborough House in Tuamgraney after the property failed to sell at auction earlier this month.

The property, which was a central setting for O’Brien’s debut book, the partially autobiographical ‘The County Girls’, failed to reach its guide price of € 350,000 at auction.

Indeed the property, which was val- ued in excess of € 1 million during the Celtic Tiger years, was taken off the market with bidding reaching just € 200,000.

The house and adjoining land is being sold by the estate of the late Claire O’Brien, the novelist’s sister-in-law, who lived at Drewsborough with the novelist’s late brother, who ran his medical practice from the house.

According to auctioneer Noel Corcoran negotiations for the sale of the property are ongoing with one of bidders involved in the auction.

The property was described by O’Brien as “a font of inspiration” during an unveiling of a plaque in her honour at Drewsborough House in 2011.

O’Brien’s childhood there was not a happy one, as detailed in her 2012 memoir, Country Girl.

She was born in 1930 and her first novel, The Country Girls, is credited as breaking the silence on sexual matters and social issues in Ireland. The book was banned, burned and denounced from the pulpit following it publication, leading to O’Brien leaving Ireland and settling in London where she now lives.

Calls have been made for the state to acquire the house and develop it into a writers retreat and museum but to date there has been no formal government statement on the proposal.

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30,000 porn images on computer

A FORMER factory worker who admitted possession of child pornography at his home in Ennis will learn later this year if he is to receive a custodial sentence.

The 49 year-old man pleaded guilty in March to possession of five images and 43 movies of child pornography at an Ennis address on dates unknown between September 28 and September 30, 2009.

Details of the case were heard at Ennis Circuit Criminal Court on Thursday.

Gardaí searched the man’s house after his computer’s IP address was identified as having accessed child porn. The court heard gardaí seized a Dell Inspiron computer; a hand held XDA device and a memory card.

Garda Frank Browne of Ennis Garda Station told Counsel for the State, Stephen Coughlan BL, the man initially told gardaí he was looking for pornography of women dressed up as teenagers.

He said he may have had a problem with looking at pornography during that time in his life.

Sgt Alan Browne of the Garda Computer Crime Investigations Unit, Harcourt Square, Dublin told the court the images depicted young girls involved in sexual activity.

He said it appeared the girls were pre-pubescent but due to nationality and ethnic background, it was hard to place a definite age on them.

Sgt Browne said the images were in the mid to higher end of the scale used by Director of Public Prosecu- tions (DDP) to classify child porn images.

He said the movies lasted between a few seconds and a few minutes. The court heard they were accessed using peer-to-peer sharing programmes like Ares and Limewire.

Asked by Counsel if the movies could be accidentally downloaded, Sgt Browne said he couldn’t determine that.

He said all the movies had been permanently deleted into the unallocated space on the computer.

Defence counsel, Mark Nicholas BL, told the court, that of the 30,900 pornographic images recovered from the computer, only five were considered in breach of the Child Trafficking and Pornography Act.

He said that when the images and movies were deleted, his client would never again be able to access them. Counsel said his client had not attempted to hide or encrypt the images and videos.

He said the offending material just popped up when he was “trawling” for adult pornography.

Counsel said it had taken four years for the matter to come to court and his client had indicated an early guilty plea.

He said the man has suffered “reputational loss” and feels “absolute shame”. He said this was a case that did not require an immediate custodial sentence.

Judge Gerald Keyes said he required time to consider the case.

He consented to a defence application that the man not be named for the moment. He adjourned sentencing to October.

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Radon issues in 1 of 8 Clare homes

NEARLY ONE in every 8 Clare homes are contaminated with radon – a colourless and odorless gas which contributes to the development of a number of cancers, especially lung cancer.

The Radiological Protection Institute of Ireland have just released the results of the largest survey of radon levels ever conducted in Ireland.

The survey, which compiles thousands of radon test taken in houses over more a decade, reveals that just over 12 per cent of all Clare houses recorded unsafe levels of radon.

Of the 4,316 Clare houses tested for radon as part of the study, 433 were found to have radon levels in excess of the safe level of 200 bq/m3.

One Lisdoonvarna home was recorded as having a radon level in excess of 3, 500 bq/m3 – more than 17 times higher that the safe levels.

The average radon level in the Clare houses surveyed was 89 bq/m3 – one of the highest levels of radon in Ireland.

Because of the county’s limestone and karst landcsape, large sections of county Clare are specifically vulnerable to radon.

Radon has been proven to signifi- cantly increase a persons chances of contracting lung cancer. The gas also seems to act in conjunction with cigarette smokers – with people who smoke in high radon areas having a disproportionately high change of contracting lung cancer.

“Radon is the principal source of radiation exposure to the Irish population, contributing over 55 per cent to the average radiation dose.

“The radiation dose to individuals from radon can vary substantially with some people exposed to a fraction of the average radiation dose while others are exposed to hundreds of times the average,” said Dr Ann McGarry, Chief Executive of the RPII.

“Radon is a naturally occurring radioactive gas which can accumulate in buildings to unacceptable levels. It is the second biggest cause of lung cancer after smoking and is linked to up to 250 lung cancer cases per year in Ireland.

“Most of the radiation dose from radon is received in people’s homes although exposure at work is the largest contribution to occupational radiation exposure.”

Less than 1 per cent of the average radiation dose absorbed by Irish people is due to exposure to artificial sources such as Sellafield and Chernobyl.

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€1.75m market plan takes first step

CLARE County Council has applied for approval from the Department of Environment to raise loans of € 1.75 million to fund an ambitious re-development of part of the Ennis Market.

Members of the former Ennis Town Council previously approved the raising of the loan to develop a covered market and other infrastructural works at Garraunakilla.

In a report to Ennis councillors, Ennis Municipal District Coordinator, Ger Dollard states, “At this point in time, formal approval has not to date been received but the Council is continuing to engage with the Department in relation to the matter. It is unlikely that any significant financial requirement will arise in the current year and it is the Council’s intention to progress the project to a shovel ready stage. At that point, it would be essential that formal funding decisions are made in relation to then project”.

“The project offers a very significant basis for rejuvenation of the area and the intention would be to follow on, subject to funding, with further phases of the Market redevelopment project.”

The proposal to re-develop Garraunakilla includes the building of a structure that according to the Council will have “multifunctional uses”. The proposed structure would consist of two adjacent pavilions with a plexi-glass roof covering the central corridor.

Mr Dollard told the meeting the construction of a covered market formed phase one of an overall re- development of parts of the town centre.

The plan also envisions developments at Barrack Street, Lysaght’s Lane and Moran’s Car Park.

He was speaking in response to a motion tabled by Mayor of Ennis, Cllr Johnny Flynn (FG) at yesterday’s meeting of the Ennis Municipal District Committee.

Cllr Mary Howard (FG) told the meeting the proposal represents a “very exciting project” for Ennis. She said covered market has the potential in time to become one of the town’s “iconic” buildings.

She said it would be beneficial if the new councillors received a full briefing the project.

Cllr Ann Norton (Ind) agreed that it would be useful if all councillors were brought up to speed.

Cllr Clare Colleran Molloy (FF) said she had concerns at how the Council could afford to take on such a costly project at a time when it is struggling to provide resources for “basic public services”.

Cllr James Breen (Ind) said he had been approached by some people in the Market area who claimed the planning notice for the development was not displayed properly in the market.

Mr Dollard said this was not correct. He said the former Ennis Town Council received a high volume of submissions in relation to the project. He said there was a high degree of knowledge among the public about the project.

In his report, Mr Dollard that initial archaeological investigations had been completed and a detailed design is being prepared so the project can be brought to tender.