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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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Home repossession ordered for man owing €668,000

EIGHT orders for repossession of properties in Clare were ordered at a sitting of the County Registrar’s court last week.

A total of 98 cases were before the court on Friday. Some of the applications were made by financial institutions seeking possession of properties from owners who have failed to make re-payments.

Cases that were before the court for the first time were adjourned in line with the practice direction.

In one case, county registrar Pat Wallace made an order for possession of one home on which he said “a ginormous amount of money” was owed.

The man had an overall debt to Ulster Bank € 668,000. The court heard that in 2005 the man secured a mortgage of € 552,000 from First Active.

Solicitor for the bank said the man agreed to a 30-year mortgage but fell into arrears in 2008. Ulster Bank subsequently took over the business of First Active. He last made a pay- ment to the bank in 2010.

Ulster Bank sought possession of the property.

The man, who was in court, had previously left Ireland to get work. He had worked in the construction sector.

He urged the registrar to adjourn the application. He said he was going to hire a solicitor to represent him in the case.

“My business got closed here. I had to go out foreign to work,” he said.

Mr Wallace put it to the man that he owed a “ginormous amount of money”. He said this was the second set of proceedings brought by a financial institution against him.

The court heard the man’s partner and a child are living in the property.

The county registrar granted the bank’s application for possession but put a stay of three months on the order.

He also ordered the debtor to pay costs of € 2,000. Outside Ennis Courthouse afterwards, the man said he intends to appeal the decision. He said he is still looking for work abroad.

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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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‘Irish Water couldn’t find Doolin on map’

QUESTIONS have been raised over the ability of the newly-formed Irish Water to deal with the county’s water supply following a serious water disruption in the Doolin and Lisdoonvarna area last week. One local man, who reported the fault to the new state water agency, said that the agency could not find Doolin on the map and had no record of a fault the area, despite dozens of reports made by local people. Irish Water took over the management of the local water system from Clare County Council in January. Residents in sections of Doolin and Lisdoonvarna reported that their water turned a dark-brown colour on Tuesday last, and became smelly and undrinkable. According to Doolin resident James Corbett, Irish Water could not locate Doolin when he contacted them. “The water was brown, dark brown, and you just couldn’t drink it. It was the same all over Doolin and Lisdoonvarna. At first I called Clare County Council, they said they had received more then 400 complains about the water but it was no longer their responsibility, it was Irish Water,” he said. “So I rang Irish Water myself and they didn’t know anything about it. They couldn’t find Doolin on the map. The person I spoke to thought it was down beside Kilkee. There was no notification that this was going to happen. “We have two newspapers and a radio station and yet the people were given no warning.” A spokesperson from Irish Water yesterday confirmed that the water supply in North Clare was now back to normal. “Maintenance work was carried out in the last number of days on the distribution network by Clare County Council and this activity may have caused discolouration on the network. “Both Doolin and Lisdoonvarna were affected by this issue which has now been resolved,” said the spokesperson.

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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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Grant of €23m for wave energy

CLARE LOOKS set to lead Ireland in wave energy after a revolutionary new wave energy project planned for West Clare was given a € 23 million grant by the European Commission last year.

It is now understood that construction work on the WestWave waveenergy power plant, which will be located at Killard just off Doonbeg, could get underway as early as 2016.

When completed, the WestWave plant will be the first of its kind in Ireland and will generate enough electricity to meet the needs of an area the size of Kilkee and Kilrush.

The Clare project was the only Irish wave energy project to receive funding under the European Commission’s NER 300 programme, which had funding amounting to € 1 billion to allocate.

A spokesperson for the ESB has indicated that should construction work begin as expected in 2016, the plant could be providing energy locally before the end of 2018.

The company also believes that the West Clare project will provide a platform for scores of similar projects off the Clare coast to emerge.

“Ireland’s oceans have the potential to provide large quantities of indigenous, renewable energy and reduce our dependence on imported fossil fuels.

“Demonstration projects like ESB WestWave are critical if we are to realise the ultimate aim of progressing to larger commercial scale projects and a low carbon future,” said John McSweeney, Head of Innovation at ESB.

“The funding award is a huge boost to the ESB WestWave project and to Ocean Energy development in Ireland and Europe.”

A number of Clare location have already been earmarked for future wave energy development.

The waters around Spanish Point have been identified as having possible the greatest potential for a commercial wave energy plant in Ireland, which Australian company, Carnegie Wave Energy, are already involved in the development of a plant at the White Strand in Miltown Malbay.

While the project is expected to result in some local employment opportunities, it is not clear yet just how many jobs could be provided by the wave energy project in Clare.

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Clare salmon for China market

A NORTH Clare food producer is on the verge of making a major breakthrough and opening itself up to more than a billion possible new customers in China.

Later this month the Burren Smokehouse in Lisdoonvarna will send a representative to Shanghai, where she will work for nine months to find opportunities for Clare salmon to be sold directly into the Chinese market.

The representative, who is herself a Chinese national, is a fellowship student at the Smurfit Business School in Dublin, and will represent the Burren Smokehouse in China until April of next year. The move is being seen as a major development for the Lisdoonvarna producer, who have been making small inroads into the Chinese market in recent years.

“I took part in a major seafood fair in China last November and I saw that there was opportunities for very high end products like ours in China – es- pecially in specialty food shops and in high end restaurants as well.

“There is a growing demand in that part of the world for high end seafood. It’s not easy, it takes time, but there is potential for growth there,” said Birgitta Hedin Curtin of the Burren Smokehouse.

“We had some products in China for Christmas, so we have had a presence there. So I feel that we have a great opportunity now while we have the fellowship student working for us in China to make a breakthrough. It is exciting.

“There are opportunities for us in China. It is invaluable for us to have someone on the ground in China – this will allow us to dip out toe in the market without having to go there myself all the time.

“We are looking for a niche market – relative small volumes but at a higher price. So we need to have a good understanding of where our products should be pitched.”

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An Post head called to appear before council

THE head of An Post, Christoph Meuller, has been called to appear before next month’s meeting of Clare County Council to outline the State organisations strategy towards post office in Clare.

The moves comes in the wake of ongoing feats over the future of the Cratloe Post Office, which is cur – rently not clear.

This follows a put forward by Cllr Cathal Crowe (FF) at last night’s meeting of Clare County Council.

“I think that it is high time that An Post came out and give an idea about their strategy regarding the future of the post office network in Clare. They speak of viability, but the very post offices which seem to be threatened are viable operations,” said Cllr Crowe.

“Basically, if your local post matter become ill or moves away, then the whole postal service in your area become suddenly under threat.”

Representative of the Cratloe Post Office Action Group have their final proposal for the retention of the post office to An Post last Friday and there is no indication yet whether this service will be retained.

The future of Cratloe post office came into doubt in late June an An Post review of operations found that the post offices was not generating enough income to justify keeping it open.

The Cratloe Post Office Action Group has gathered thousands of signatures locally from people and businesses who are pledging to use the post office more often.

The action group have proposed a five year trail period with An Post, to allow local people to support their post office and increase usage numbers.

The Cratloe Post Office Action Group say they will take to the streets if necessary to protest for the retention of their post office.

The Midwest representative of the Irish Postmasters’ Union, Kildysart native Tom O’Callaghan, has called on the government to allocate more services to post offices in a bid to maintain their viability.

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Friday meeting for crematorium

A SPECIAL meeting will take place in Ennis this Friday to determine whether Clare County Council will change the zoning of a section of land in Ennis to allow for the construction of a € 5 million crematorium and large graveyard.

Councillors at yesterday’s July meeting of Clare County Council decided to defer a decision on whether to make a material contravention of Ennis and Environs Development Plan in order to allow the project to go forward.

The project, which has been proposed by Fenloe Properties Ltd, could see the development of a crematorium as well a massive graveyard to accomodate almost 4,000 graves.

Should it go ahead, the project would include the construction of a gated entrance, driveway and carpark, a chapel with ancillary reception, offices and toilets, a furnace, a remembrance and memorial garden and a waste water treatment unit and percolation area at a site at Ballaghfadda on the Kildysart Road in Ennis.

A number of local undertaker, headstone makers and other people involved in the funeral industry in Clare were present at yesterdays meeting.

Indeed, the meeting was adjourned for 10 minutes to allow councillors to consult with industry members before a decision could be made.

It was also confirmed that the proposal could see the creation of as many as 3,827 individual graves. This number would likely be reduced by more than 650 however, as the developers would be prevented from placing graves within a certain distance from local monuments.

“Some of us are not well briefed in this. We are not fully aware of what will happen at this area in the future. This is a big issue and something you cant rush into. I would like a special meeting called next Friday make a decision on it,” said Cllr Joe Cooney (FG).

Cllr Cooney was supported by Ennis based Cllr Pat Daly (FF) who said that the decision was too important to get wrong and that councillors be “fully briefed” on the issue.

A special meeting of Clare County Council will now take place this Friday at 9.30am with the proposed zoning change the only item on the agenda.

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Councillors slam Turnpike vandalism

LOCAL councillors have condemned the vandalism of flower baskets in a residential area of Ennis at the weekend.

A number of baskets were upturned in the Turnpike area on Sunday night. The incident occurred at a time of the year when judging traditionally takes place for the National Tidy Towns competition.

The matter was raised at yesterday’s meeting of the Ennis Municipal District Committee. Councillor James Breen (Ind) said he wanted to condemn the “mindless vandalism” that occurred in the Turnpike on Sunday night.

He said he hoped the people who committed the damage are found and brought to justice.

Cllr Pat Daly (FF) said he was “appalled” by what happened in the Turnpike on Sunday.

“It was disgraceful, what happened,” he added.

He said he hoped such mindless vandalism would not deter from the efforts of local community groups who are involved in work for the National Tidy Town’s competition.

Cllr Clare Colleran Molloy (FF) said she also condemned the vandalism. She questioned if the Ennis MDC had invited the Chief Supt of the Clare Garda Division, John Kerin, to meet with councillors to discuss issues around crime in the town.

Director of Service Ger Dollard told the meeting that gardaí have always been happy to engage and meet with the Council.

Mayor of Ennis, Cllr Johnny Flynn (FG) said it might be possible to arrange a meeting for September.

He said the MDC should also consider establishing a forum similar to the Joint Policing Committees that existed under the old forms of local government.

There were also calls to open gates at Drumcliffe graveyard on Sunday mornings.

Cllr Daly said that many elderly people find it difficult to walk up the graveyard.

Earlier this year, Ennis Town Council revealed it had started to restrict access to the graveyard to prevent vehicles from damaging the graveyards.

There were also reports of anti-social behaviour and intimidation of people visiting the area.

Cllr Mary Howard (FG) told yesterday’s meeting there was some merit to keeping the gates closed.

She said she had witnessed some altercations at Drumcliffe over the last year.

“It can be very frightening there at times,” she added.

Cllr Daly proposed the council consider opening the gates to allow for vehicular access between 11am and 1pm on Sundays.