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Developers contest planning decision

A CLARE businessman, who along with his partners is paying ©20,000 in interest on a planned retail park in Shannon, has made a last ditch at- tempt to save the development.

Last month, Clare County Council refused planning permission to Sean Halpin and Greenband Investments for the neighbourood component of a €60m retail park planned for Smith- stown in Shannon.

Mr Halpin confirmed that he and his business partners purchased the 17.5 acre site zoned for commercial development for €8 million in 2005 and have since paid ©2 million in interest.

Confirming that interest payments are costing ©20,000 per month, Mr Halpin said, “The interest is some- where north of €2 million. This is not some cosy arrangement with the bank where we have interest rolled up.”

In all, Mr Halpin estimates that the exposure to date is €10.5m.

Now, in a last ditch bid to save the development, they have lodged an ap- peal with An Bord Pleanala against the council’s decision to refuse plan- ning to the neighbourhood compo- nent of the scheme.

The council stated that the centre would have an adverse impact on the vitality and viability of Shannon town and contravene Department of the Environment retail guidelines

relating to the location of neighbour- hood centres.

The Greenband development was due to create 250 direct jobs, 200 in- direct jobs and 180 jobs during the construction phase.

In their appeal, the developers “se- riously contest the reason for refusal of the neighbourhood centre of the proposed scheme.

‘The proposed development would in fact not detract from the town cen- tre but serve the remainder of the proposed development and immedi- ate surrounding areas.

“The reasons for refusal cited by the council do not accord with the retail planning guidelines, which specifically recognises the local role

neighbourhood centre’s play in the retail hierarchy.”

However, the plan faces outright rejection, with the McAllen family lodging an appeal against the coun- cil decision to grant planning to any aspect of the development.

The local family state that their health and safety is of paramount importance and “any detrimental environmental impacts in the area, that put our health and safety under threat, will be subject to full legal ac- tion on our behalf.”

‘There 1s an over-intensification of commercial use on the site; loss of privacy and the design is of poor ar- chitectural quality.”

A decision is due in 2010.

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Man dropped 595 ecstacy pills in Garda station

A MAN who dropped a packet of ec- stacy tablets to the ground at Ennis Garda Station almost nine years ago was yesterday jailed for 18 months.

Peter Burke (30), with an address at Glenanail Drive, Riverside, Galway, was convicted of possession of ecs- tacy for the purpose of sale or supply, in February 2001.

Sergeant John Brennan told Ennis Circuit Court that a car was stopped in Clarecastle on the evening of Feb- ruary 1, 2001 and the two occupants

were taken to Ennis Garda Station.

As the two were being taken from a car at the station, the accused dropped a package to the ground.

This was retrieved by gardai and it was found to contain 595 ecstacy tablets.

The market value of the tablets at the time was £5,940 (€7,500). Burke was arrested and detained overnight at Ennis Garda Station. He was charged the following morning.

However, he subsequently left the jurisdiction and went to the US. He returned in 2008 and on his return to

Ireland, he contacted gardai. He was then re-charged with the original of- oe

Sgt Brennan explained to Judge Carroll Moran that Burke had been returned for trial to the circuit court when he left the country.

Defence counsel Michael Collins, BL, put it to Sgt Brennan that his cli- ent was “not the main man in the op- eration.” Sgt Brennan replied, “That was our information at the time.”

Mr Collins said that the accused was “facing the music for these of- fences at this stage.’ He said there

were unusual features in the case “such as the accused absconding and going to the States and when he re- turns he immediately goes to gardai because he wants to face up to his responsibilities.”

Judge Moran said it was an aggra- vating factor that the accused ab- sconded, having been returned for trial to the circuit court. He said the accused was carrying a sizable quan- tity of ecstacy tablets.

However, he noted that the accused had pleaded guilty, was not the main player and has succeeded in kicking

his drug habit.

The judge said that a 10-year sen- tence could be imposed for posses- sion of drugs for the purpose of sale or supply, where the value exceeds Ja men OeL OF

“He had over half that threshold,’ he said.

“This could not be considered a minimalist case,” said the judge.

“Even having regard to all the fa- vourable matters, I’m compelled to impose an immediate custodial sen- tence,’ he said and jailed Burke for 18 months.

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Stars get inaugural awards

AS the close of the Clare camogie season comes in, Clare Camogie Board in conjunction with the Clare Camogie Suporters Club are hosting an awards night this Satur- day, November 21, at the Auburn Lodge Hotel, Ennis.

Medals will be presented to the Munster U16 Camogie Champions on the night, along with the U14 In- ter-County Blitz winners from the Galway Blitz.

As this is the 75th Year of Clare Camogie, the board have intro- duced the inaugural Club Star Awards. “These are a small to- ken of the appreciation which the board has for those who work so hard at club level but may never reach county teams, but without whom clubs would not survive,’ explained a spokesperson.

The medal and award recipients have been asked to be in the Au- burn Lodge for 7.30pm for a photo call, and presentation to begin at 8pm with buffet and disco after- SE K6 he

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IO Ger MTcrlel iments rel (olurualae@ eer mYerte

THE CASE OF a 29-year-old man who admitted sexually assaulting four of his cousins over 10 years ago will not be finalised for a year, as he continues to receive treatment.

The accused, who cannot be named in order to protect the identity of the victims, pleaded guilty to 14 charges at Ennis District Court.

He admitted eight charges in rela- tion to one cousin; three charges in relation to another; two charges in relation to another and one charge in relation to another cousin.

The incidents occurred between 1995 and 1996 when the girls were aged between eight and 10.

The accused was a teenager at the nb eelon

The case initially came before the district court a year ago and was ad- journed to last Friday.

Counsel for the accused, Mark N1- cholas, BL, told Ennis District Court on Friday, that his client had pleaded ean iA

He said that a preliminary report from the Grenada Institute had been presented in court a year ago and an updated report was now available.

He said that while there was no

minimising what had happened, the report was “very positive.”

He said there had not been any in- cidents prior to or after the offences before the court.

Mr Nicholas told Judge Leo Malone that the issue of compensation had been addressed and €26,000 had been accumulated.

“The real tragedy in this 1s that it has divided a close family and that 1s irreparable,” he said.

Judge Malone said he sympathised with the victims and said he had read the reports from the Grenada Insti- tute and the probation service.

He said it was in the accused’s fa- vour that he was very young when the offences were committed and said it appeared that he 1s addressing his difficulties.

‘Because of the content of the Gre- nada Institute report, I am not going to finalise the case today. I need to be satisfied he has carried out all the treatment available to him and that he is not a danger to others,” said the judge.

He adjourned the case for a year and ordered that the accused con- tinue to attend the Grenada Institute and remain under the supervision of the probation service.

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Circle the football wagons

THE appointment of Micheal Mc- Dermott as new Clare senior football manager might just be a rallying call for an upsurge in the fortunes of the flagship football team in the county — that was the message delivered to the county board meeting on Tuesday by chairman Michael O’Neill as he con- firmed that the Cavan man has been given a one-year term in the post.

“It’s an indication of the interest we had in the post that there were four in the running,’ said O’Neill “and it went right down to the wire. We made a mighty trawl. We had Aidan Moloney, Michael Lillis, Micheal McDermott and Ger Lawlor. Aidan informed me last Friday he was pull- ing out of the contest. Micheal Mc- Dermott will manage the team with Liam McHale and James Foran, while one other person will be added to the team.

“T would appeal to football people. Every effort was made with this ap- pointment and we want anyone who has any ambitions to wear the coun- ty jersey to come forward,” added O’Neill.

Meanwhile, Munster Council del- egate PJ McGuane, who was part of

the committee that selected the new manager, said Clare must aim high in 2010. “The carrot is there,’ said McGuane, “because we are in Divi- sion 4 with Waterford and Limerick, while we play Waterford in the first round of the championship and if we beat them we have Limerick in the semi-final.

“The league will be a great barom- eter of our progress. Our first game

is against Wicklow. That will be a barometer. I would ask everyone to throw their weight behind the team for the next year.

“We are a Small county with a small pick but there’s an old saying that if you don’t aim high, you won’t strike high,’ added McGuane.

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37 vacancies for psychiatric staff in Clare

THE closure of Orchard Lodge and Gort Glass has nothing to do with pa- tient care, and everything to do with a nursing Crisis.

That is according to the Psychiatric Nurses Association representative Denis Meehan who maintains that nursing staff predicted this crisis six months ago.

“We saw this coming last May and brought it to the Labour Relation Commission,’ said Mr Meehan.

There are currently vacancies for 37 nursing staff in the Clare mental health service, he said.

‘A further five nurses are to leave the service before the end of the year.”

‘The service 1s run as much as pos- sible on overtime,’ he said.

Mr Meehan said that even with the closure of the rehab units in Ennis and Kilrush there will still be a shortage of nursing staff in the Clare mental health services.

He maintains that the policy being enacted by the HSE is not going to

solve the problem, but merely move it around.

Mr Meehan also refuted comments that the closure of the two units was part of the process of community liv- ing.

“There is no outreach team in west Clare or talks of one,” he said.

This week the HSE maintains that the review of mental health services in Clare is taking place against a back- ground of a 21.3 per cent decline in the number of nurses working in the Clare Mental Health services between

January 2008 and the current national moratorium on recruitment.

The closures of the two units – Or- chard Lodge and Gort Glas – are also part of “a need to respond to the com- plex requirements of specialized serv- ices to patients in accordance with best practice in modern health care”’.

“Our engagement with the staff as- sociations is further informed by a requirement to submit a management proposal to the Labour Relations Commission (LRC). The referral to the LRC was made by the staff associ-

ations following what they described as managements failure to recruit psy- chiatric nurses for the Clare Mental Health Services.

“At a meeting of the LRC held on Thursday September 24, 2009 under the chairmanship of Mr John Agnew, all parties agreed that management would come up with a proposal to ensure the continuing safe delivery of services in the context of existing resource constraints. The next LRC is scheduled for November 23, 2009,’ the HSE said.

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Gardai warned drug driver about hit list

A 29-YEAR-OLD father of three went back to taking drugs after be- ing warned by gardai that his life was in danger because his name was on a ‘hit list’.

Edward McCarthy, of Cliona Park, Limerick pleaded guilty before Kil- laloe District Court to driving while under the influence of drugs.

Judge Joseph Mangan heard that the drug cannabis had been detected in his sytem after he was stopped by exN Oren

The court heard that Mr McCarthy

had previous convictions, some of which had resulted in his serving a long prison sentence.

His solicitor told the court that Mr McCarthy had “not been tak- ing drugs for a considerable period after he came out of prison. He was advised by gardai that his name was on a ‘hit list’ and that his life was in danger. This put him under a lot of pressure and he started smoking cannabis again.”

Judge Mangan fined Mr McCarthy €1,000 and disqualified him from driving for four years.

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Clare people willing to pay to protect Burren

THE people of Clare are willing to pay for the long-term sustainability of some of the county’s most under threat natural environments.

According to anew survey commis- sioned by the Carron-based Burren- LIFE project, which was presented at the organisation’s seminar in Gort yesterday, it is estimated that the public was willing to pay farmers as much as €842 per hectare if it meant the protection of the biodiversity of the Burren.

“Using internationally recognised researched methods, we have been able to show that the Irish taxpayer

is willing to pay farmers to continue to deliver these services,” said head researcher Tom van Rensburg.

“This is a really interesting find- ing at a time when the national REP Scheme has been closed to new en- Wee D ea

The research also showed that the farming for conservation methods practiced as part of the BurrenLIFE’s method would improve water quality in the area.

The research found that many farm fields in the study did not have nutrient inputs that exceed the re- quirements of the animals and grass erowth. Areas at risk are those sub- ject to point sources of contamina-

tion, such as round feeders for silage, animals having access to streams and springs.

Other findings presented yesterday include those of Dr James Moran of Sligo IT who, together with Teagasc officials, developed a tailored feed- ing system using [rish-sourced GM- free ingredients to sustain cattle on Burren hills over the winter.

BurrenLIFE’s Dr Sharon Parr showcased some of the initial find- ings of the BLP’s ecological moni- toring work. This work indicated that grazing can help increase biodiver- sity of limestone grasslands but that scrub encroachment remains a major problem in the Burren, one that will

require direct intervention.

“Burren farmers are piloting a farm- ing system which has significantly increased their household income level through on-farm conservation measures including the maintenance of dry-stone walls, scrub removal work and the development of ‘con- servation grade’ Burren beef and lamb,’ said Ruairi O Conchuir of the BurrenLIFE Project.

The pilot phase of the EC LIFE Nature funded project is scheduled to finish in January 2010. Funding has been allocated for the roll-out of conservation farming in the area but no additional funding has been al- located as an operational budget for

BurrenLIFE.

“We can show that the Burren- LIFE model of farming can help increase biodiversity on our farms while maintaining animal health, water quality and farmer income,” said BurrenLIFE Project Manager, Brendan Dunford.

“What’s more, we know the costs involved in this and we now know that society is willing to meet these costs as they generate significant public benefits.”

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“Those who damage must pay the price’ court hears

PEOPLE who damage the property of others must pay for it, a judge said yesterday, as he ordered compensa- tion to be paid in a car damage case.

Jim McDonagh (19), of Dun na hInise, Ennis, admitted a charge of criminal damage at Gort Road, En- nis, on October 5 last.

Inspector John Galvin told En- nis District Court that a man called to Ennis Garda Station on October 5 and complained that his jeep had been damaged.

“He was driving along and his jeep was approached by the accused. It is alleged the accused got out with a stick and started breaking windows and damaging the paint work,’ he SrHLOe

He said that the accused admit- ted taking part, in interviews with gardai. The amount of damage caused was €1,920.97.

Defending solicitor Tara Godfrey said that her client had not been fur- nished with details of the amount of the damage until yesterday. “My cli- ent doesn’t have that sort of money in court,” she said. She said there was a background to the case.

“My client was coming along in a car. The injured party made a ges- ture to his own mouth. He was act- ing in a state of heightened emotion. Emotions boiled over,’ she said.

Judge Aeneas McCarthy asked, “Is there some sort of feud going on, be- cause if there is, it’s time the court stepped in before things get out of hand?”

Ms Godfrey replied, “Things seem to have calmed down. It’s hoped that matters will resolve themselves.”

Ms Godfrey said she understood the compensation would be €500 and said her client is on social wel- fare. The judge told her, ““He should have thought of that before he dam- aged somebody’s property.’

The solicitor then asked for an ad-

journment “to accumulate a fraction of the money”. The judge said, “I’m not talking about a fraction. This man (the victim) is out of pocket. Who does he (the accused) expect to pay for this car?

“If people cause damage to other people’s property, they pay for it,” added the judge.

He imposed a six-month detention sentence and suspended it on condi- tion that the cost of the damage be paid within three months.

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Bredin’s rebuild gets go-ahead

A NUMBER of residents who had to evacuate their homes as a result of a fire that burned down Bredin’s hard- ware on Station Road in Ennis have failed in their bid to halt the redevel- opment of the site.

The well-known Ennis store burned down in November 2007 causing a number of houses to evacuated for a number of days and, in one instance, for a number of months.

Last year, Galileo Enterprises Ltd lodged plans to replace the structure and these were approved by Ennis Town Council. The directors of Gal- ileo Enterprises Ltd are local busi- nessmen, Noel Connellan and Dan Moran and its most recent returns show that it has accumulated profits OR OPA Pa ribelnleie

However, Maeve Hoey, Paul Bar- rett (on behalf of the Estate of the late Mrs M.R. Barrett) and Sile Gin- nane lodged an appeal against the council decision on the grounds of privacy and security of their houses . They maintained that the application was “thoroughly unclear and unsat- isfactorily”’.

They maintained that there should be an overall site masterplan which would set the design quality for the remainder of the brownfield site.

An earlier submission to the coun- cil from the residents stated that “the fire at Bredin’s premises put their homes at risk to fire, smoke and as-

bestos, resulting in evacuation for a number of days to several months for some residents and the clean-up which took many months to com- ey Kome

“This experience has undermined our confidence in the close proxim- ity of large retail and warehouse units and we are not distressed with the scale of what is indicated in the masterplan site of this application,” they claimed.

However, in his recommendation, the Bord Pleanala inspector stated that “the proposed development does not represent a significant departure from the current use of the surround-

ing area and would not require justi- fication by a masterplan”.

The inspector stated that “the type and scale of the proposed uses would be in keeping with those established on the site and the proposed building would be in keeping with the charac- ter of the area”.

“The development would not seri- ously injure the amenities of proper- ties in the vicinity of the site. it would not give rise to traffic hazard or con- gestion or place an undue demand on the water and sewerage services in the area

As a result, the Board ruled that “having regard to the established use

of the site and to its planning history, the grant of permission and to the pattern of development in the vicin- ity, the proposed development would not seriously injure the character of the area or the amenities of property in the vicinity, would not be prejudi- cial to public health and would be ac- ceptable in terms of traffic safety and convenience’.