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AN ADMINISTRATIVE error in Clare County Council’s planning department cost the local authority €650,000 in a High Court settle- ment, it was confirmed yesterday.

Stunned councillors were told of the cost by council executives at a meet- ing behind closed doors on Monday.

The €650,000 payment is made up of compensation to a couple, Bernard Madigan and Mary Keane, as well as legal and professional fees and other “substantial” costs. The breakdown between compensation, legal and professional fees and the remaining costs has not been revealed.

The settlement arose from the cou- ple taking a High Court judicial re-

view over refusal of a planning ap- plication for 31 houses at Inagh.

Cllr PJ Kelly (FF), who called for the special meeting last month, said he was shocked by what he had been told by the council executives.

“TI didn’t think it could happen. It 1s beyond my wildest imagination what has occurred in this case,” he said.

He declined to state what details emerged from the meeting or the fig- ure involved, but said: “I don’t know the couple but I commend them for succeeding where others have failed and having the financial wherewithal to successfully challenge the system.

‘I hope we never see the likes of this again otherwise heads will roll.”

Cllr Kelly, who tabled a number of motions on the issue over the past

year, said the local government audi- tor could investigate the matter.

Cllr Madeleine Taylor Quinn (FG) said she was astounded at the infor- mation that had surfaced.

“This matter is not over yet and there are a lot of questions still to be answered,” she said.

At yesterday’s meeting, the council executives claimed there was no loss to the council as their insurer covered the €650,000 and they were able to claw back money in planning finan- cial contributions from the couple.

However, a number of councillors raised concerns over what effect the payout might have on the council’s premium.

Mr Madigan and Ms Keane lodged their application for 31 homes at a

site outside Inagh in 2005. It is under- stood that when they lodged further information on the application, it was not logged on the internal planning system and resulted in the due date for decision not being signalled.

This gave rise to the application not being decided upon within the prede- termined timeframe.

The two were then refused planning permission, but initiated High Court judicial review proceedings. Coun- cillors were told that if the case went to court, the local authority’s expo- sure could have been much higher.

Last year, the council granted plan- ning to the couple for a revised de- velopment on the same site. It is now up for sale with a guide price of €2 million.

HASTING’S Cottage in Shannon should be considered if a cremato- rium is built in the town according to a local heritage group.

Duchas na Sionna has made a number of recommendations relating to the Hasting’s site.

A planning application to build a crematorium, covered walkways and remembrance garden in Tullyvarraga is pending.

In a letter circulated to members of

Shannon Town Council last week, Duchas na Sionna said it wished to point out that the remains of Hast- ing’s Cottage would be sandwiched between the new structures and the present graveyard at [llaunamanagh, should the plans get the green light.

‘“Hasting’s Cottage is a vital part of the heritage of Shannon town. It is shown on the 1840 ordnance survey map of the area and may indeed have been built considerably before that date,” stated the letter.

“The cottage was the setting in

a drama that unfolded during the War of Independence when a Brit- ish Army General was held captive there,’ added the letter.

“Given the location of the cottage in the immediate vicinity of the pro- posed development, we feel it is of the utmost importance that a bound- ary be erected before the commence- ment of building works to prevent any accidental damage to the cottage and garden boundaries during the course of construction. A fine set of concrete gate piers would be particu-

larly vulnerable as they are located very close to the edge of the site,” it added.

The letter stated that Duchas na Sionna feels that the remains at the cottage site present an “invaluable Opportunity to the people of Shan- non to learn about the history of their locality and hopes at some stage in the future to carry out a detailed survey and supervised excavation of the site of Hasting’s Cottage as part of a community heritage project,’ it added.

THE PROMOTERS of the €150 million Doonbeg Golf Resort are to finally implement the terms of a High Court agreement struck four years ago in relation to a disputed right of way.

This follows four locals settling their claim with the golf club over its failure to date to implement the terms of the High Court deal reached in February 2004. This prompted four locals in Doonbeg to lodge pro-

ceedings at Ennis Circuit Court.

The case was due to be heard at Ennis Circuit Court last Wednesday. However the court was told the case nE:YeMoleres soln O(oreb

A spokesman for Doonbeg Golf Club said yesterday that “we are hap- py that the matter has been resolved to everyone’s satisfaction”.

As part of the terms of the High Court agreement, five locals agreed to an alternative right of way lead- ing to the golf club to build a bar- rier across the existing right of way

which traverses the 15th hole of the golf course to Doughmore beach.

The five that secured the agree- ment with the golf club were Thomas Considine, James O’Leary, Chris Carroll, Sinead Carroll and Simon O’Donnell, who has since passed on.

Arising from the High Court set- tlement, Doonbeg Golf Club built a six foot high wall across the disputed right of way.

However, this precipitated An Bord Pleanala ruling that the club acted 1l- legally in building the wall and that

decision is now the subject of sepa- rate High Court action by Doonbeg Golf Club.

In the circuit court action, the sur- viving four involved in the original High Court settlement lodged papers alleging that Doonbeg Golf Club “has failed, refused and neglected to take the requisite steps to comply with the Terms of Settlement and has failed to meet its obligations on foot of the settlement”.

The four claimed that no steps had been taken by Doonbeg Golf Club

to register the four’s right of way as a burden on their title deed; that no steps have been taken by Doonbeg Golf Club to register the right of the four to drive onto Doughmore beach and that Doonbeg Golf Club has failed to extend the existing carpark by July 1, 2004.

Following the settlement, it is ex- pected that a public consultation process will soon be initiated to al- low the works be carried out, which includes a car-park for 30 to 40 cars at the site.

CLARE County Council and the Health Service Executive started a process of damage limitation at the weekend ahead of revelations that both agencies failed to inform the public of increased risk of contract- ing cryptosporidium from the Ennis public water supply.

Documents released under the Freedom of Information Act show that the Environmental Protection Agency warned in January of an another possible outbreak of Crypt- Osporidium one month before the most recent outbreak where two chil- Cleon lmnEe

The agencies never informed the public of the increased risk and an RTE Prime Time Investigates pro- gramme quizzed top officials last week on their role in the failure to inform the public.

The programme is not going to be broadcast until September and is focusing on the outbreak of crypt- osporidium in Ennis and Galway.

Both the council and the HSE re- leased statements last Friday and in an apparent move to shift the blame to the council, the HSE told all GPs, pharmacists and dentists in Clare that “the HSE advised that consum- ers should be regularly updated by the council of developments affect- ing the Ennis water supply”’.

The council posted a statement on its own website which for the first time acknowledged problems – ob- liquely – with the temporary Ennis

water treatment plant.

It does not refer to the damning January EPA audit but says only the capacity of the plant has been in- creased by 25 per cent “in response to increased demands on the system and the requirement of the EPA that full filtration be applied to all drink- ing water going out to consumers”.

The statement also admits for the first time that not all water go- ing through the plant is treated for Cryptosporidium.

In a careful understatement of the ongoing situation over the past number of months, the council states that because of technical require- ments associated with the construc- tion of the new Ennis Water Treat- ment Plant and servicing of the interim plant, “it has not been pos-

sible to provide fully filtered water to date.”

The statement once more re-iter- ates the precautionary boil notice in place for vulnerable groups, includ- ing patients who are immunocom- promised, infants, pre-school chil- dren and visitors.

The statement goes on, “These groups are advised to continue to boil tap water before consumption. Institutions serving vulnerable peo- ple should also continue to boil tap water or use alternative supplies. This includes hospitals, nursing homes, créches, pre-schools and day CF eee tne

AS CLARE County Council cele- brated the official opening of its civic offices on Thursday last the conver- sation among guests was dominated not by the architecture, the environ- mentally friendly heating system or the disability access but the walls – the very green walls.

While the building itself was green in the environmental sense of the word, the bright green paint high- lighted the modern architecture and guests were evenly divided into two camps – those that loved it and those that favoured magnolia.

Whatever the feelings it certainly

made a conversation piece for those in attendance for the afternoon par- AY

The no-show of Minister for the Environment John Gormley didn’t dampen the spirits as Clare’s first citizen Mayor Cllr Patricia McCa- rthy opened the €25 million civic building.

Aras Contae an Chlair now pro- vides accommodation for 300 staff, as well as meeting rooms, staff canteen, laboratory, Mayor’s office, Council Chamber and three party rooms for the elected members. 320 car parking spaces are provided at the rear of the building.

Director of Services David Timlin,

who oversaw the building project, outlined how the Corporate Head- quarters building incorporates a number of environmentally friendly measures and operates as a naturally ventilated building. Solar panels and a wood chip heating system have been installed.

While many former local authority members and staff from the county were in attendance at the opening one former county councillor, who served with the county council for 11 years, took pride of place.

One time councillor, now success- ful businessman Bernard McNa- mara, was involved in the building as Michael McNamara and County

Building Contractors won the con- tract to construct the prominent building on New Road.

“T am delighted to be here because I probably took a bigger scelp off this job for old times sake when we were tendering for it. I think it was fortu- nate that it was the times that were rete

“It was a design build finance job and the financial rates that were available at the time were extraordi- narily more benefited than they are at the present.

“So the delivery of cost per foot here is half to two thirds to what some of the local authorities have spent in these buildings,” he said.

EVERYBODY who has volunteered with special olympics athletes in Shannon over the years will be hon- oured at a civic reception in the town later this month.

The event is part of the celebrations to mark the 30th anniversary of spe- cial olympics in Ireland.

Shannon Town Council will host the civic reception on Friday, May 23, while a family fun day will take place two days later, on May 25, at the leisure centre.

A primary schools art competition is also being organised, involving the six primary schools in Shannon and two nearby schools, Clonmoney

and Stonehall.

Prizes will be presented to the win- ners of that competition, also at the civic reception.

The family fun day will also incor- porate a walk from the Wolfe Tones GAA club to the leisure centre. Eve- rybody who takes part in the walk will receive a scroll, which will be an exact replica of the overall win- ning art piece.

35 people who have volunteered with the Shannon Flyers Special Ol- ympics Club will be honoured at the reception. The club was set up four years ago and has gone from strength to strength since then.

A number of young athletes who are members of the club will speak

at the reception. They will thank the volunteers who have put in much work to ensure their progress has been continued.

Chairman of the club Frank Fitzger- ald said the world games highlighted the need for a club in the area.

“Previously the work was done through the various services. There came a time when there was a need for a club in the area and a group got together,” said Mr Fitzgerald.

“With special olympics, it is very intense on man power and we need a lot of volunteers to run the club,’ he added.

Councillor Greg Duff (Lab), who is a member of the organising com- mittee, said it was important that the

profile of the club continues to grow.

“We are trying to keep up a contin- ued interest in the club,” he said.

“It will be a nice event, a family event and will recognise the work of the special olympics in Shannon. A lot of good work has been done over the years,’ added Mr Duff.

Members of Shannon Town Coun- cil pledged their support to the in1- tiative, at its monthly meeting last week.

AN BORD PLEANALA has ig- nored the objections of a number of residents’ associations to give the go-ahead for a €45 million housing development near the O’Keeffe oil depot in Ennis.

Dismissing objections from _ resi- dents in Pine Grove, Oak Park, Wil- low Park, Tobarkeel and Drehid- nagower Road against the 241 house

plan by Michael Lynch Ltd, the ap- peals board also overruled the strong recommendation of its own inspec- tor to refuse the application on four separate counts.

Two years ago, Ennis Town Council granted permission for the scheme at Drehidnagower Road, Lifford, and an inspector’s report into the appeal was delivered in January of last year.

However, in finally making its de- cision on the appeal, the Board has

significantly reduced the number of units in the proposal due to concerns over the impact the development will have on the Ennis floodplain.

The Board ruled that five apartment blocks be omitted and 28 terraced TO leehe

In her report, the inspector said the development was contrary to the En- nis Development Plan because of its excessive density, its inappropriate urban style site layout and its nega-

tive impact on existing houses.

She recommended refusal on the basis that the development didn’t take account of the basic principles of good urban design; would result in a substandard form of development with diminished on site residential amenity; would be out of character and visually obtrusive in the town- scape, with consequent serious injury to the visual amenities of the area.

In deciding not to accept the In-

spector’s recommendation to refuse permission, the Board had regard to the location and zoning of the lands in Ennis and considered that the modifications required addressed the Inspector’s concerns in relation to flooding, traffic safety and the order- ly development of adjoining lands.

The proposed development would, therefore, be 1n accordance with the proper planning and sustainable de- velopment of the area.

THE Ennis Town Engineer admitted yesterday that is it very difficult to emerge “squeaky clean” when decid- ing what level of information to re- lease to the public.

Tom Tiernan was commenting after it emerged that the Environmental Protection Agency warned the coun- cil that there was a risk of an out- break of cryptosporidium a month before two children went down sick 20M eLom DD BS Lotss

The council decided not to make the EPA’s concerns public and Mr Tiernan said the council was liaising with the Health Service Executive and the EPA on a continuing basis and “wouldn’t have time to do any- thing else if we were telling the pub- lic about all our dealings with these bodies”.

He said that a balance had to be struck between advising the public of any elevated risk and causing panic amongst the population.

“There are enough people do- ing that and we try our best to keep councillors and the general public informed as best we can.

“When there is a change to the sta- tus quo or a deterioration in the water supply, we would notify the public in consultation with the HSE”.

GET rrebeitcameer Imm selomMN sc IKo mm BKO)DOMENOLe Ennis public water supply was “very safe to drink’, he said that with the

treatment capacity of the plant in- creased by 25 per cent, there had been significant improvement in the water quality but not on the scale that a permanent plant would provide.

He pointed out prior to June 2006 when the temporary treatment plant became operational, there was no fil- tration of the water for cryptosporid- ium.

“Since then, there has been a sub- stantial improvement in the qual- ity and reliability of the water and a significant reduction in the risk of cryptosporidium.”’

“We are working towards compli- ance and we are taking this very se- riously. I would expect the council would be compliant over the next number of days as we are tweaking and optimising the additional capac- LANs

Mr Tiernan said that the council had to increase the number of filters in the plant for eight to ten in March due to extra demand on the system over the past 12 months and had faced technical issues in trying to maximise the treatment of the water for cryptosporidium.

“A number of the filtration units required servicing as the demands placed on the system over the winter took its toll and the issue is further complicated by the construction of the permanent plant because there are a number of parts that are inter- linked,” he said.

A YOUNG Barefield woman broke down in tears as she listened to her sister, Laura, recall how her mother suffered from MRSA and kept the extent of her illness from her family.

Laura, a young mother of one, who has now found the strength to lead the Ennis support group, explained how she was due to give birth to her first child at the end of 2006 when the MRSA nightmare began for the EVOOUE As

“I was due to give birth to my daughter in Limerick. It would have been my mother’s first grandchild. My mother had Parkinson’s for years and she was admitted to Ennis hos- pital while I was in hospital for five weeks before I gave birth to Alicia.

“I had to go visit her in the Inten- sive Care Unit and go back to the maternity unit directly after my visit. Only for I took it upon myself and the matron in the maternity warned me about the MRSA bug, I would not be aware of the threat.

“T wasn’t asked to wash my hands. I wasn’t asked to do anything. I did it of my own accord. Nobody met me at the doors.

“IT wore no gowns going into the Intensive Care Unit. My mum had MRSA for 40 days and the doctors denied it. My mum visited Caher- calla for a short period and she had a bed sore that was left untreated. She went back to Ennis General Hospital again and it was left untreated there as well, only for my aunt took it upon herself everyday to wash the wound.

‘After I had my daughter who was prematurely born, it was a while be- fore I was able to visit my mum again. When I went in to visit her, she was in a public ward and they still denied she had MRSA. I was there with her as much as I could, not knowing she was carrying the bug and I’d go back to my daughter every night.

She died Christmas Eve morning. The day before she died, I just looked at her chart and her doctor had writ- ten MRSA, just two days before she ehteren

“Only for I looked at her chart that day, I would have never known. I lost the head and went out and called for the matron – or whoever she was – I don’t know. And they still denied it. The doctor came down and he denied it and it was written down in black and white. A day later she died.

‘“Ttis down on her death cert that she died of the bug. I made everybody on that ward know she carried it.

All these elderly people with open sores and they just lay beside her on the ward.”

PLANS to build a pitch and putt fa- cility in Shannon have been mooted by members of the county pitch and putt association.

The aim is to have the centre open to the public and available to the town of Shannon.

Although the proposal is only in its initial phase hopes are high that it will get the go-ahead given that there is no such facility in the town

at present.

There were attempts to start up a pitch and putt course in Drumgeely several years ago but it never got off the ground.

The nearest pitch and putt facility is a private initiative in Sixmilebri- dge.

In a letter to Shannon Town Coun- cil last week, two members of the county pitch and putt club made sug- gestions regarding the establishment of a club.

The letter, signed by Niall Reynolds and Declan Sheedy along with local man Paddy Halton, said that market research has been carried out on the possibility of such an initiative.

Site design criteria and course op- erating costs have been examined, while a model on what a pitch and putt course in the town might look like has also been drawn up.

“We would like to appraise the town council of our work so far and seek the council’s support for the

project,” stated the letter.

The proposers have suggested that they make a presentation on the plans to Shannon Town Council next month.

“We believe the course will have widespread community appeal and add to the recreational and sporting fabric of the town,” added the letter.

The Mayor of Shannon, Councillor Sean McLoughlin (FG), said he will do all he can to bring the project to fruition.