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Local anger at An Post

LOCALS in Newmarket-on-Fergus and Sixmilebridge are vehemently opposed to plans by An Post to move their sorting offices to Shannon in three weeks’ time.

Although it has yet to be finalised, An Post has suggested that the move will be made on February 20. People living in the two areas believe this move will inconvenience them.

Five postmen who operate out of Sixmilebridge and four, who work in Newmarket-on-Fergus, will have to work out of Shannon, where the letters will be sorted, if the move gets the green light.

“Why are they doing it? The postmen don’t want to move,” one local told The Clare People .

Another local in Sixmilebridge said that this could spell the death knell for the post office, in a village where there is no bank.

“Public support is needed, to prevent this,” said a local.

However, An Post said while the proposed change was been considered, nothing had yet been finalised.

“There have been some customer service issues there recently and any changes will take account of the growth in mail volumes and delivery points in the areas,” said spokeswoman Anna McHugh.

She said, currently, the issue was an “internal matter and the people in the areas would be notified, once it was finalised.

Asked would people from those areas have to travel to Shannon to pick up registered letters and parcels, she said, “It is too early to say that. That is all hypothetical.”

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New Shannon bridge sparks Killaloe uproar

A DECISION has been taken to site the new bridge across the Shannon at historic Clarisford Palace in Killaloe.

It is expected that a second crossing, to be completed at a later date, will be located just below O’Briensbridge.

The choice of location for the Killaloe bridge and the road serving it has angered local people, who were informed of the decision yesterday, in advance of an official announcement due today.

The project will involve the demolition of at least one house and will cut across land close to St. Anne’s Secondary school .

The route was decided on after the completion of a constraints study report on eight different locations by consultants, RPS MCOS.

Locals angered by the choice of route say it will be a danger to the 400 students who attend St. Anne’s.

A statement issued on behalf of residents affected by the choice today claims it is in direct conflict with stated policies of a number of government and non-government organisations, including Vocational Educational Committees, Council planners, An Bord Pleanala, Government Departments, including the Taoiseach’s office, environmental groups and residents’ groups.

“The policies of the above bodies will challenge the councils leaving them with insurmountable obstacles in achieving funding for the favoured route,” the statement explains.

It goes on to say that the route passes within 15 meters of a residential site that received planning permission for a house as recently as twelve months ago.

“It also calls for the demolition and destruction of family homes. The development plan for this area (zoned residential) has no accommodation for such a major road and bridge.”

In running in front of Clarisford, it also proposes to go through land which has been “consistently protected by an Bord Pleanala because of the heritage importance of the house.”

Killaloe councillor, Tony O’Brien (FF), said that he was welcoming the decision, “because at least there is now some clarity to the situation. But now that the decision has been made, I want to see a proper town plan for Killaloe, with proper funding to put that plan in place.”

Michael Murtagh of the O’Briensbridge Environmental committee said that residents there would prefer to see their crossing done in tandem with the Killaloe bridge “for fear that we would be forgotten about once the first bridge is done.”

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Music school approved

CLARE County Council has given the go-ahead to plans to develop a music school aimed at giving Doolin’s world-wide reputation for traditional Irish music a focal point.

In move that will add to Clare’s growing infrastructure for traditional Irish music, John D Flanagan and Richard Maher have secured planning from the council to develop a music school along with a retail unit and residential accommodation.

The council granted planning permission having regard to the site in close proximity to Fitz’s Cross at Doolin, ruling that it would not seriously injure the amenities of the area.

However, the council has refused planning permission to a pub which formed part of the application. How this will affect the feasibility of the overall scheme is not known.

The music school is expected to compliment the presence of Glór, the Irish Music Centre, the International Folk Music Centre, located in Doonbeg and the Ennis-based Maoin Cheoil an Chláir.

The architects for the venture, Michael Leahy and Paul Conway state that the “music school will give Doolin’s world famous scene a focal point.”

Their submission states: “the music school will consist of a performance hall, café practice rooms and manager’s apartment at the top of the site on approach to the Fitz Cross part of Doolin.

“The music school is a venue which will have activity through the day with classes taught during the day and performances at lunch-times and evening and will be a year-round industry.”

The council refused planning permission for the pub after opposition was expressed by a Dublin couple who own a holiday home in the area.

Brian and Dympna Campbell claimed that the proposed public house and fast food outlet would create noise, interference and disturbance that would seriously diminish their use, enjoyment and value of their adjoining property.

“The nature of the development comprising part of a public house and fastfood outlet will create a substantial security risk to the use and enjoyment of our property.

“Both of us and our family spend all our holidays on the property and it is our plan to reside there full time in the near future.”

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Motorists get the points

TWO Clare drivers are on the verge of being banned from driving, after receiving 10 penalty points.

One more offence will result in them receiving two more penalty points. Twelve points will merit a three-month disqualification.

More than 5,000 drivers in Clare have received penalty points, according to figures obtained by The Clare People .

Some 4,991 drivers have two points, 688 have four points, 118 have six points, while 20 have eight points.

Since the system was first introduced over three years ago, penalty points have been dished out to drivers who have been caught speeding, careless driving, driving without insurance or failure to wear seatbelts.

Last week, the Minister for Transport, Martin Cullen, added another 31 offences to this list, which will come into effect on April 1. These include failing to obey stop/yield signs, illegal overtaking, failure to obey traffic lights and driving on the hard shoulder. There are plans to introduce up to 20 additional offences to this list by the end of the year.

A new hand-held computer system will come into effect, to coincide with the new scheme. Gardaí will carry the computers, which are the size of walkie talkies.

It means that gardaí will not be issuing on-the-spot tickets for 30 of the 35 penalty point offences.

Instead, fixed charge notices will be issued in the post, under the Fixed Charge Processing System (FCPS).

“Instead of writing down your name and address in a notebook, the details will be typed in the computer and will be transferred immediately, electronically, to Dublin,” said Sgt Joe Downey.

“You will not be issued with a ticket . . . instead, a notice will come out in the post, directly from Dublin,” he said.

“This is not a revenue collection exercise. It is about changing driver behaviour. Initially there will be a time factor in that it will take a little bit longer than writing in a notebook. It will free up the administration section,” he said.

By the end of March, it is anticipated that payment of fixed charge fines will be made through post offices, instead of at Garda stations, as has been the case in the past.

Drivers under the age of 18 who commit offences will not receive summonses and will be dealt with under the Garda Juvenile Diversion Programme.

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Council planners take a hard line

CLARE County Council increased its activity against suspected rogue developers by over 30 per cent last year, figures released yesterday by Clare County Council reveal.

According to the council’s Director for Planning, Bernadette Kinsella, the council’s Enforcement Unit took 311 separate actions in the field of enforcement – a rise of 31 per cent, or 75, on the 236 actions taken in 2004. Ms Kinsella also revealed that a number of homes across the county last year had to be partly demolished as a result of enforcement action taken against people who had been built without planning permission.

The figures show that the council’s enforcement unit served 168 Warning Letters, 115 Enforcement Notices and instituted 28 separate legal proceedings.

This compares to the 128 Warning Letters, 84 Enforcement Notices and 24 legal proceedings being instituted the previous year.

“Through the actions of the enforcement unit, the council is aware that some people still think it best to build first and think about planning later. This leads to a greater cost to all, a cost to neighbours, or those affected by a development, cost to the person of having to regularise, or demolish the development, pay the costs of the council and legal costs if the matter goes to Court,” Ms Kinsella said.

“In 2005, there have been cases where houses had to be partly demolished to comply with planning to remedy the matter, while remedial works have had to be done on site, a housing development had to be stopped and businesses had to close down, or move.

“It is therefore vitally important that before any work is started on any site that the need for planning permission be considered and that where a person has planning permission, that it is strictly complied with.

“During 2005, the council continued to take a very active role in the area of enforcement. Over 200 new cases came to the attention of the Enforcement Unit, many of which are still under investigation. Legal proceedings were commenced in 28 cases, with a number of convictions secured, while some cases have been finalised, with convictions and fines imposed. Many of the cases taken are still ongoing and some have been appealed to higher courts and are awaiting hearing.”

“The need to be able to respond to all complaints, investigate fully all sites and follow through each complaint to its conclusions is very resource intensive.”

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Killeen at the centre of candidate selection row

With his own convention likely to be weeks if not months away yet, Clare junior Minister Tony Killeen found himself at the centre of one of the most controversial Fianna Fáil selection processes in the last 12 months.

The Clare Fianna Fáil TD was in the chair of the Galway West convention, which ended in disarray on Sunday night last.

When delegates from the five seater Galway constituency refused to accept a three-candidate strategy recommended by Fianna Fáil Headquarters, the Clare politician adjourned the hotly contested convention.

Junior Minister Killeen said he was selected to chair the controversial meeting because he was not part of the convention committee and therefore not party to how the proposed three-candidate ticket was arrived at.

Under new party rules the Constituency Committee, chaired up by Finance Minister Brian Cowan, decides the number of candidates for each constituency.

Initially six candidates put their name forwards for the Galway West convention.

Junior Minister Killeen told The Clare People that on the night, two of the six candidates withdrew their names on the understanding that there was going to be just three candidates selected.

With four candidates remaining for selection, delegates demanded that all four be put on the ticket.

The four remaining candidates included sitting TDs, Minister for the Gaeltacht Éamon Ó Cuiv (cousin of Clare TD Sile de Valera) and junior Minister at the Department of Justice Frank Fahy.

Galway County Councillors Mary Hoade and Seamus Walsh were also available for selection after the two candidates withdrew.

Fianna Fáil currently holds two of the five seats in Galway West.

As a reported majority of the 350 delegates refused to follow the HQ directions, the Clare chairman adjourned the meeting.

Senior party officials are now to talk to the West Galway delegates about a possible solution.

Deputy Killeen believes that the party could decide to select its candidates in the Galway West constituency by an interviewing process if a convention cannot be agreed upon.

The preferred option, however, would be to allow the Galway delegates to select their own candidates, in an effort to appease relations between the local party and headquarters.

Deputy Killeen said he proposed to the delegates on the night that they select the three candidates as directed, and that the names be returned to headquarters with a recommendation that the fourth name be added to the ticket.

Initially, the Taoiseach had directed that all of the party’s conventions be concluded by Christmas 2005. A number of conventions, including the Clare convention, were postponed, for a number of reasons.

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Nuisance text fury

MOBILE phone users in Clare have been warned to beware of unsolicited text messages, after a Clare woman was billed an extra €64 for a series of messages received over two months.

The woman claims she unwittingly signed up to the service by replying to an unsolicited text in November inviting her to enter a competition.

She then received a series of texts, which she deleted instantly. The woman was not aware however, that these “spam texts” were costing her €2 each.

An 02 spokesperson subsequently warned that at the bottom of some of these text messages was “small print” saying that by entering, one was agreeing to enter a text draw costing €2 a time.

The Data Protection Commissioner has already investigated a number of companies for making unsolicited texts.

Fine Gael TD, Pat Breen, has warned of the danger of “spam text” to mobiles, after hearing of this constituent’s experience.

“I would call on mobile phone users to be extremely vigilant when it comes to text messages offering prizes, or draws and to ensure they read the entire text. They should also make a complaint to the Commission for Communications Regulation (Comreg) if they receive an unsolicited telemarketing call, or text message,” said the Clare TD.

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Votes will flush down the toilet if sewage is ignored

A Kinvara based organisation could put forward a single-issue candidate in the 2007 General Election if their campaign to secure sewage treatment for the town is ignored.

The development follows a protest from the group, Cairde Cuain Cinn Mhara, last week, which saw a toilet being strapped to a raft and launched into Kinvara Bay.

Last week’s protest is the latest in a series of activities undertaken by the group since they first began to campaign for sewage treatment facilities in 1999. Indeed, the group threatened to put forward a candidate in the local election at the time, prompting Galway County Council to give them a guarantee that a system would be put in place.

However, according to Richard Broad of Cairde Cuain Cinn Mhara, plans for the facility have been passed between the Department of the Environment and Galway County Council for the last seven years, with little or no progress being made.

“Almost 70,000 gallons of waste goes directly into the bay each day,” said Mr Broad.

“This is just 75 yards from the harbour and it does not wash out to sea. When the weather is calm you can see faecal matter floating in the bay.”

Cairde Cuain Cinn Mhara have collected some 1,000 signatures from local residents, calling on Department and Council officials to press forward with the project. Officially, a scheme is earmarked to begin construction in 2007, but sections of the local community have serious doubts over this date.

“The feeling is that the political process has let us down,” continued Mr Broad. “It could be well into the next decade before it is built. Unless it is fast tracked, there is no chance of it being up and running before 2009.”

While the group has not yet decided what action to take next, a spokesperson would not rule out the possibility of staging another election bid.

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Oil man loses planning bid

THE west Clare businessman sentenced to three months in jail last year for failing to comply with a court order, has failed in his bid to secure retrospective planning for his oil and transportation business at Moyasta in west Clare.

Last September, at Kilrush District Court, Judge Joseph Mangan jailed Oliver Marrinan of Henry St., Kilrush over his failure to remove an authorised oil depot at Moyasta in west Clare.

Mr Marrinan is on bail pending his appeal and his solicitor, Michael Ryan, failed in an attempt to have the district court matter adjourned pending the outcome of Mr Marrinan’s appeal to An Bord Pleanala.

The appeal was in response to last August’s decision by Clare County Council, who refused Mr Marrinan’s application to retain his business on the main Kilkee-Kilrush Road on four counts.

However, the appeals board has refused Mr Marrinan’s appeal on three counts.

“It is the policy of the Clare County Development Plan to encourage the location of industrial and commercial development into established and designated settlements.

“It is also policy to safeguard the rural amenities of the county.

“Having regard to the location of the development proposed for retention and completion in an unserviced rural area, it is considered that the development by itself and the precedent it would create for other services facilities, would conflict with the Development Plan, contribute towards an erosion of the rural amenities of the area and would be contrary to the proper planning and sustainable development of the area.”

The Board also refused planning permission with regard “to the nature of the development proposed for retention and completion, and its location in proximity to Poulnasherry Bay, which is the site of established shellfish harvesting activity and a designated area of nature conservation (National Heritage Area, Special Protection Area and Special Area of Conservation).”

As a result, the appeals board ruled that the development “would be prejudicial to public health and would adversely affect the integrity of the said nature conservation designations and would be contrary to the proper planning and sustainable development of the area.”

The appeals board also found that “the proposed development would endanger public safety by reason of traffic hazard and obstruction of road users.”

Mr Marrinan is due to appear at the Circuit Court next month in relation to his appeal. He declined to comment on the decision this week.

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The State sees sense

THE State has dropped its pursuit of seven members of the Burren Action Group for €35,000 in legal costs arising from the decade-long Mullaghmore conflict.

Last month, the Chief State Solicitor’s Office appointed a debt collection agency to pursue the seven, including author, John O’Donoghue, and NUIG academic, Prof Emer Colleran, for €34,427 in legal costs.

However, the Chief State Solicitor, David O’Hagan, has now written to the Group to state, “I have now been instructed not to pursue any further the balance of the State’s costs”. Mr O’Hagan gives no reason for the State’s climb-down.

After the appointment of the debtcollectors last month, the Action Group wrote to Mr O’Hagan, contesting the claim that they owed anything to the State, or its agents.

“We acted at all times in the public good and we were successful in our litigation campaign against the State’s plan to locate an Interpretative Centre at Mullaghmore.

“We also sought to minimise the costs to the State which, in spite of our efforts, amounted to €5.1 million of public money.”

The move by the State to pursue the seven also came under fire from the Action Group’s chief political opponent in the ten-year long battle over the proposed interpretative centre at Mullaghmore. Junior Minister, Tony Killeen, described the State’s action as “very unhelpful”.

One of the seven plaintiffs, author and broadcaster, PJ Curtis, expressed his delight that the “sword of financial persecution” had been lifted.

“We are all so delighted that five years after being proven right, we now have had the sword of financial persecution lifted from above our heads. The State should never have held this threat against us, but this is a great day.”

A spokesman for the Action Group this week welcomed the move by the state not to pursue the seven for the €35,000.

“Whilst perplexed that the state pursued us thus far, we, nevertheless, welcome the decision to put an end to the matter. It should give heart to those who pursue legitimate concerns through the courts in the public interest.”

Dean of the Faculty of Law at NUI Galway, Donncha O’Connell said, “The decision not to pursue the Burren Action Group for costs, however belated, is welcome.”

The other plaintiffs pursued include two Burren farmers, Patrick McCormack and James Howard, broadcaster, Lelia Doolin, and Fionnuala McNamara.