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Council ‘inconsistent’ on Lemanagh house

CLARE County Council has been criticised for its refusal to grant planning permission to a family wishing to build a one-off home near Lemanagh Castle in the Burren.

Joseph O’ Connor had hoped to build a home for his partner and three children. The family currently live in local authority accommodation in Ennistymon.

Mr O’ Connor’s appeal against the refusal states that, “the decision of the council is inconsistent with recent decisions at this location.

“Two other applications were deemed by the council to be in accordance with the policies of the County Development Plan and would not seriously injure the amenities of the area.

“As both of these developments are on sites either side of the current application, and one within the identified boundary of the archaeological complex, I suggest that this application satisfies the same criteria.”

Earlier this year, a plan for a separate one-off home was heading for a refusal, but north Clare councillor, Cllr Richard Nagle (FF) requested Senior Executive Planner, Brian McCarthy to visit the site in question.

Mr McCarthy visited the site and consulted with Senior Planner, Liam Conneally. Subsequently, the council ignored the advice of the area planner and the council’s conservation officer and gave the go-ahead for the home.

An Taisce appealed the decision, claiming that there was a lack of transparency in permitting the home – a claim the council rejected.

Clare County Council subsequently refused planning permission to Mr O’ Connor.

He contends in his appeal, “that the reasons for refusal as stated in the decision to refuse planning permission for this development are without substance and can be refuted.

“It is also my contention that the proposed development is fully in accordance with the policy of Clare County Council as outlined in the Clare County Development Plan and North Clare Local Area Plan.

“The assessment of the application failed to give sufficient weight to the fact that the applicant is a local rural worker.”

Mr O’ Connor returned home from England with his parents in 1988. His appeal states that he is a parttime farmer on the family landholding and a community employment participant in Carron where he works part-time as a stonemason.

His intention is to assume responsibility for the operation of the family landholding from his widowed mother.

A decision is due on the application later this year.

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Crisis for Clare’s rural schools

THERE is a crisis in Clare’s rural schools.

That’s according to Chairman of Rural Resettlement Ireland Jim Connolly who claims that many schools in Clare and across the country are in danger of closing due to population decline and bad planning practices.

“Planning refusals that the RRI have received from Clare County Council have put schools in danger,” he said.

The outspoken Kilbaha man said that families were being refused planning permission by Clare County Council, just as Rural Resettlement Ireland had been.

He said he has been approached by a number of schools in the county who are struggling to keep their doors open to the community they represent, as pupil numbers rapidly decline.

Mr Connolly pointed to the success story in Tullycrine National School, where RRI secured planning permission for four houses.

“We expect to have four new families in Tullycrine for next year,” he said.

Two junior infants joined the west Clare school already this month as well as one other student. That brings to 14 the current pupil population.

School Principal Mary Lynch said she was delighted with this year’s additional pupils as it secured the second teacher for at least two more years.

Meanwhile Baltard National School close to the White Strand in Doonbeg had just one new pupil joining this year.

The local community is anxious that the one teacher school remains open.

The board of management said it was hopping that houses being built by RRI would produce young families, otherwise the school was in danger of closing.

The board maintains that smaller schools are a huge advantage to both mainstream and special needs children as it allows one on one tuition.

It also allows the teacher give special attention to a child who may need special help with a specific subject.

The small school received the prestigious DEIS (Delivering Equality of opportunity in Schools) award last year, one of only 100 rural schools ever to do so.

Meanwhile as some schools campaign about over crowding RRI continues to relocate young families into rural areas in danger of having their school closed.

“Nobody can be forced to send their children to any particular school. All we can do is introduce families to different schools after that it is a parental decision,” said Mr Connolly.

RRI helped to relocated nine families already this year.

“You either develop of die,” warned the RRI chairman. “And you can’t develop without people.”

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Aer Lingus staff to avail of share opportunity

OVER 400 Shannon-based staff of Aer Lingus could reap the rewards from share packages when the company is put up for flotation at the end of the month.

418 of the company’s Shannon-based permanent staff are members of the Employee Share Ownership Trust (ESOT).

Employees currently own 14.9 per cent of the company under the terms of the ESOT deal struck between Aer Lingus and the unions, a profit-sharing scheme could be used to purchase shares on behalf of staff. Staff will, though, have to use some of their own funds to buy shares in order to prevent any erosion of their shareholding.

Some analysts have predicted that the 3,475 Aer Lingus employees in the Share Ownership Trust could pocket shares worth an estimated €43,000 each.

SIPTU, who strictly oppose the sale, have warned that the sale is not being done for the right reasons.

Tony Carroll, SIPTU representative for Shannon, said employees made major sacrifices in return for the shares. He also repeated concerns that employees could lose out in the long run and stated employees would have to pay out of their own pocket to safeguard their own shareholding.

“There is speculation about figures but that will only happen if the company goes on the stock market, and we remain very much opposed to that. If staff want to preserve their shareholding, they are going to have to pay for it themselves. They gave up a lot when they entered into the deal; they accepted redundancies and gave up on wage increases. They didn’t get it for nothing.”

Strong reservations have been expressed about the flotation due to the perilous state of the aviation industry, with the Government coming in for criticism from members of the opposition.

The government say the move will give Aer Lingus a stronger financial position in the marketplace.

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Kilnaboy houses ‘a badly needed increase’

A CLARE architect has told An Bord Pleanala that a proposed housing development in Kilnaboy will provide the area with a badly needed increase of population.

Michael Leahy said in his appeal on behalf of developers David Henry and Eamon Cahill, that the 19 houses they want to build will give people the opportunity to live immediately adjacent to Kilnaboy’s church and school.

Clare County Council refused planning permission for the development on a number of grounds, including inadequate water supply, potential impact on groundwater, design and traffic.

But the appeal states that, “The provision of housing will underpin this community and secure its survival into the future. The development is being done in a way which is attractive, which will ensure the integration of the housing into the village and which will form a landmark development for small housing schemes being located within small village communities for the future.

“Kilnaboy has always had a very strong sense of community and dating back to medieval times, the crossroads at Kilnaboy was of significance.

“It is essential that the sense of community of such villages be reinforced.

“The public are entitled to expect that the village of Kilnaboy will be allowed to develop in accordance with proper planning.

“Mr Cahill and Mr Henry are both from the local area and would like to become involved in this development proposal which would strengthen the character of the village of Kilnaboy.

“However, instead of facilitating development in accordance with the provisions of a democratically voted upon Development Plan, the planning officials seem to be going out of their way to seek reasons for prohibiting development which is zoned for residential development.

On refusing permission due to the design of the homes, Mr Leahy says: “It is quite an astonishing reason for refusal, suggesting as it does that the proposal would by virtue of its design, fail to integrate and respect the existing character of the surrounding area.

“It has been the intention of this office right from the beginning, in consultation with the council, to devise a scheme which would create a small village square facing directly towards the school and the church. Mr Leahy said the reasons for refusal also represented a failure in implementation of coherent policy as expressed through the Development Plan.

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Beer garden in sour taste say locals

RESIDENTS of the Summerhill area in Ennis say they have been made “prisoners in their own homes” by the use of an open area at the rear of Charlie Stewart’s pub in nearby Parnell Street, as a dining area and beer garden.

Ennis Town Council has issued an enforcement notice requesting Charlie Stewarts, “to cease unauthorised use of the beer garden”.

In response to the pub failing to comply with the notice, the council has instituted legal proceedings against the pub.

The council acted after a strong objection from local residents, James and Mary McMahon, who were supported by neighbours in the Summerhill area.

The residents praised “Ennis Town council and An Bord Pleanala for their wise, consistent and far-sighted planning decisions.”

“We regret to say however that to date, they have been completely and utterly ignored and disregarded by the owners of this premises.

“The owners developed the site by fencing off a beer garden, erecting outdoor furniture to facilitate drinking and continued to use the fire exit as access for drinking and smoking.

“In acting such a manner, they have shown nothing but contempt for the planning process and procedures and have inflicted sheer hell on us, their nearest neighbours.

We have endured excessive noise from a large number of drinkers, shouting, foul language by day and night, all facilitated by use of the fire escape door.

“On weekdays, we have to endure daylong drinking sessions and a large-scale outdoor smoking area.

“In the Summertime, our back gardens are currently ‘out of bounds’. We cannot enjoy a bit of sun or fresh air without being subjected to the patrons of Charlie Stewarts.”

They say a decision to grant retention to Charlie Stewart’s planning application “would be to perpetuate this absolute torture on us on a permanent basis.

“We are prisoners in our homes, we are deprived of the proper use and enjoyment of our back gardens.”

Last month, Ennis Town Council refused planning permission to Cyril Cusack, Tony Enright, Kieran Gleeson and Gerry Collins to retain the daytime use of a yard, to the rear of Parnell Street.

The four have now appealed the decision to An Bord Pleanala stating, “the proposed development consists simply of a small area of yard, which had been utilised during the good weather for external dining.

“It is confirmed, however, that this is not being used at night times for public bar use or beer garden use.”

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Sewerage shortfall

CONCERNS have been expressed that the revised Scariff Feakle Quilty Mullagh Sewerage Scheme may not be servicing an area as wide as originally hoped.

Junior Marine Minister John Browne was in Mullagh this week to announce the granting of the foreshore licence for the scheme.

But it has since emerged that the original proposal has been substantially reduced to meet with the Government’s strict water pricing policy.

Clare General Election Candidate, Cllr Madeleine Taylor- Quinn (FG), expressed her concern about what she described as the €3.2 million shortfall to make up the €12 million scheme.

She said the council was planning to gather €700,000 from the people of the area. This will cost each household €1,500 each.

The former TD said she was particularly concerned about current households outside the revised scheme who will not be able to avail of the scheme.

She is now calling on the Minister for the Environment to increase the €8.8 million he granted last week, and has asked the Minister responsible for Rural Affairs, Éamon Ó Cuív, to provide some funding for the scheme.

The disappointed chairman of PlanClare, Ciarán O’Dea, said, “We got no indication that the scheme was to be rationalised.

“The contract documents are yet to be approved after a twoyear waiting period, and we remain unsure as to the design and extent of the network which has been specified by the Department of the Environment.

“It now appears that the design approved in the preliminary report is not the design which will be constructed under the cost/ benefit stipulations of the pricing policy,” he said.

“The Government’s pricing policy is being used as a tool to copperfasten the national spatial strategy by hindering necessary rural infrastructural development.

“The tone and application of this policy begrudgingly acknowledges rural communities while justifying a withdrawal of infrastructural investment from communities outside of the larger urban centres.

“If rural communities are to prosper, it is now necessary to adopt a principle of ‘investment’ in rural communities, as opposed to an application of current ‘value for money’,” he added.

Clare Minister of State Tony Killeen said he was glad that the visit of junior Minister John Browne had “effectively hastened the delivery of the foreshore licence”.

“I regret that the long delays and other elements in the saga did damage in the eyes of the public in their belief in the public sector’s capacity to deal with the project and also that credibility of the political system,” he said.

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Harris statue to go ahead despite appeal

THE promoters of plans to commemorate Richard Harris in Kilkee are ready to flout the planning laws by erecting a statue to the Hollywood actor in the west Clare resort.

Last month, Clare County Council granted planning permission for plans to celebrate the late Hollywood actor in Kilkee, in spite of opposition from local residents.

Plans have been drawn up with one Hollywood star due in Kilkee on September 30 to unveil the statue.

But the project has already suffered a setback with local resident, Maureen McMahon, yesterday appealing the decision to An Bord Pleanála.

The statue was to be erected in the Wellington Square area, depicting Harris playing racquet ball. The actor won a racquet ball competition four times in a row in the west Clare resort, where he used spend much of his summer holidays.

However, Project Director Manuel di Lucia said that the statue will now be erected on private property on a temporary basis on Kilkee’s Cliff Walk over the well-known Pollock Holes.

Mr di Lucia said that he was not concerned about any planning issues that may arise until An Bord Pleanála deliver its decision on the appeal.

“The statue will be there until an Bord Pleanála gives planning permission for the statue at Wellington Square”, he said.

Mr di Lucia confirmed that “a major Hollywood star” will be in attendance for the unveiling at the end of September.

“We are very disappointed that the appeal has been lodged. I’m absolutely gutted. It should go up on Wellington Square because it was near there that Richard played racquet ball. I can’t understand why anyone would appeal and one woman is scuppering the arrangements for the whole town.”

He said that the organising committee would not be negotiating with Ms McMahon over her appeal.

Speaking to The Clare People yesterday from Kilkee, Maureen McMahon said, “I have no objection to the Richard Harris statue, but I do object to where it is being put as it is a residential area.”

In her initial objection , Ms McMahon said, “The proposed statue is 20 yards from my house. I do not want a statue or anything like it erected in front of my home. It would interfere with my view and attract crowds of people who may be undesirable.”

Mr di Lucia confirmed that over €35,000 of the €42,000 budget for the project has now been raised with former Taoiseach Albert Reynolds contributing €1,000.

The twice-Oscar nominated actor and star of Gladiator and The Field has strong associations with Kilkee and his three sons have confirmed that they will contribute €21,000 to the project and will be present for the unveiling of the statue by local sculptor, Seamus Connolly.

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Packed programme of heritage

MORE than 50 events are scheduled to take place around Clare during Heritage Week 2006, which takes place from August 26 to September 3. Clare County Council says the events will include a range of talks, field trips and exhibitions aimed at encouraging people to take an interest in their local heritage.

Activities will cover a broad range of heritage issues such as the limestone pavements of Ireland and Britain, Ennis placenames, seabird watching, biodiversity, monuments and castle houses, the geology of Scattery Island, songs around the Slieve Aughty, whale and dolphin watching. There will be a fieldtrip to Inchicronan Abbey, a bat talk and walk, an exhibition of Clare Embroidery and a talk on the Field Monument Advisor Programme currently underway in Clare. Heritage Week 2006 will also be marked with the publication of the findings of the Clare Cuckoo Survey 2006.

Heritage Week is part of European Heritage Days, a joint initiative of the Council of Europe and the European Union. Locally the event is co-ordinated by Clare County Council and the Heritage Council with support from the Department of Environment, Heritage and Local Government.

“Clare’s rich architectural and cultural heritage is invaluable and should be celebrated,” said Congella McGuire, Heritage Officer with Clare County Council. Imagine waking up in the morning in a county very different from the Clare of today. One in which the Burren’s majestic Karst landscape did not exist, where there were no castles and ancient monuments to visit, where our native birds and animals did not populate the countryside, and where there were no parks or forests to contrast with urban life.

“It is, therefore, imperative that people take an interest in Clare’s built, natural and cultural heritage thereby encouraging its conservation and preservation. With something for everyone, both young and old, I would urge people to take the opportunity to experience Clare’s heritage.” McGuire stated.

Further information and an events listing for Clare is available on www.clare.ie/ news/news.html or www.heritageweek.ie.

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New guidelines tackle polluters

NEW guidelines on environmental protection could prove costly for repeat polluters.

A document released by the Environmental Protection Agency on Thursday last places the responsibility firmly on companies to financially face their environmental responsibilities.

The Guidance on Environmental Liability Risk Assessment, Residuals Management Plan and Financial Provision will, according to the EPA, help companies, local authorities, financial institutions and consultants to assess “the inherent risk to the environment that an industrial activity poses” and will help them to “quantify and provide adequately for their environmental liabilities”.

“Though intended as a guide for companies, this document very firmly underpins the polluter pays principle, by ensuring that inability to pay cannot be used as a means to avoid remediation or compensation responsibilities by companies that pollute,” said Dara Lynott, Director, EPA’s Office of Environmental Enforcement.

“The level of financial provision required of a company will vary depending on three things: the complexity, and therefore the risk, attaching to the site; the sensitivity of the receiving environment and the effective management of environmental risk by the company,” he added.

“The guide also underpins the rationale for granting pollution prevention and control licences by the EPA. Such licences confer considerable enforcement powers on the EPA and considerable responsibilities and costs on licensed companies,” Mr Lynott concluded.

As well as identifying risks for companies the guidelines also assists companies to prepare for closure and aftercare of facilities in a structured manner. In addition, it will provide information on reducing potential damage to the environment, minimising the long term impact of manufacturing and waste management facilities upon closure and also help companies on financially planning for environmental liabilities.

This year in Clare, only Schwarz Pharma based in Shannon received a fine for €110,000 having been prosecuted under Sections 8, 82 and 84 of the Environmental Protection Agency Acts, 1992, 2003 for 11 separate charges for breaches of its Integrated Pollution Control licence.

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People power brings Lizzy back home

A HEARTBROKEN horse owner whose pony, Lizzy, went missing from a field in East Clare last month have been re-united with her after an appeal in The Clare People.

Sonny Hughes left the 19 year old pony grazing on land at Kappantymoore in Meelick, but she went missing from the field more than a month ago.

After an appeal in The Clare People , Sonny said he received a number of tips about Lizzy’s whereabouts.

The search led him to the Puck Fair in Kilorglin, Co. Kerry recently, where he finally tracked Lizzy down. Luckily, she had an ID mark which enabled gardaí to take her back.

“Now they are investigating how she came into the hands of the man I found her with. I just wanted to say a very big ‘thank you’ to The Clare People for helping me and taking an interest in the story.”