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CONCERN has been expressed over a Clare County Council move to rezone an estimated 300 acres of land for commercial development on the outskirts of Ennis that contains EU pro- tected habitats.

In adopting the Ennis and Environs Devel- opment Plan, the Council along with Ennis Town Council rezoned land in the Doora area for commercial development that generated massive windfalls for the owners of the lands in question.

However, the lands which are subject of the rezonings are designated as areas of ecologi-

cal constraint in the published Environmental Impact Statement (EIS) for the €190 million Ennis by-pass.

The lands contain protected fen and the Marsh Fritillary and the Frog bit plants that are also protected species.

Asked if the Council had all the facts in re- lation to the lands when they were rezoned, the Council’s Director for Planning, Mr Liam Conneally said, “at the time of the adoption of zoning in the Ennis and Environs Development Plan, the information available to the Planning Authorities was relied upon to determine the appropriate zoning of land. At all stages of making the plan, Duchas were informed.

“All land constitutes some type of habitat and the importance of that habitat at a lo- cal, regional, or national level is only known where sufficient survey and analysis has taken place. The National Fen Survey carried out by the National Parks and Wildlife Service in 2001 did not make a detailed assessment of the Doora area and any information concern- ing any potential habitat value that existed was therefore not available.

“The Development Plan is constantly moni- tored and reviewed and where necessary vari- ations to the Development Plan will be carried out. The body now responsible for the protec- tion of nationally important habitats is the

National Parks and Wildlife Service and any recommendations made by them regarding the conservation of key habitats will be taken into PTO)

However, Cllr Brian Meaney (GP) said, “‘it doesn’t appear that due consideration was giv- en to the lands being areas of ecological con- straint and questions still have to be answered concerning the rezoning.

“The uncertainty over the issue would not have arisen if the new Strategic Environmen- tal Assessment Directive was in place at that time, which would have investigated in a much more comprehensive way the presence of these protected habitats in the lands in question.”

that tests of the supply showed a newly discovered bacterial contamination last Friday. It was decided at a subsequent meeting be- tween the Health Service Executive and Ennis Town Council to leave the boil notice in place until today, until the two bodies would meet

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Ennis Town Engineer, Tom Tiernan said of the contamination that, “It is a localised issue and we are investigating it.”

Junior Environment Minister, Batt O’ Keeffe has stated that a solution to the continuing vul- nerability of the Ennis public water supply to contamination won’t now be in place until Oc- tober 2007. However, Minister O’Keeffe said that the Department of the Environment would “provide any help we can to Clare County Council with interim remedial measures”.

One major Ennis business has made moves to try to the beat the town’s water crisis in its own way — by drilling for its own water supply. But the Lynch-owned West County Hotel has fallen foul of Ennis Town Council for its initiative.

The council has issued a warning letter to the

Managing Director of Lynch Hotels, Michael B Lynch in respect of the council’s contention that authorised development is being carried out at the West County, namely the unauthor- ised drilling for water. Mr Lynch has been ad- vised by the council that he is liable to fines if found guilty of an offence under Section 151 of the Planning and Development Act. Mr Lynch was unavailable for comment.

Meanwhile, a public meeting, organised by local residents, to discuss the issue will be held in the Auburn Lodge Hotel, Thursday at 8.30.

Growing public disquiet over the contami- nation of the water supply, along with the re- sponse of local authorities to the crisis will be discussed.

Organisers are keen to stress that the meet- ing 1s non-political and that all are welcome.

A CONSTRUCTION company has been fined for failing to dispose of waste in a proper manner, on the site of a housing es- tate in Ennis.

Callanan Walsh developers, of Mill House, Mill Street, Galway, faced two summonses arising out of an inspection at Shanballa on the Lahinch Road, on August 15, 2005.

Solicitor Mairéad Doyle, for Clare County Council, said a number of complaints were made, stating that burning was taking place on the site.

A council engineer visited the site in Au- gust and noticed a pile of mixed soil, wood, clay and plastic, which hadn’t been segregat- ed. Ms Doyle said plastic and cardboard was scattered around the site.

The engineer attended the site again in Oc- tober and was satisfied that steps were being taken. There was no evidence of burning and

there was no sign of any waste scattered on the site.

Defending solicitor William Cahir said his clients acquired the site and said sections of houses were licensed to independent devel- opers.

He said Callanan Walsh accepted they held overall responsibility for the site but that li- censees who build independently on the site weren’t taking responsibility for the accumu- lation of waste on the site.

“There were instances of third parties bringing waste on to the site,’ said Mr Ca- hir.

He said his clients have spent €5,000 car- rying out work on the site and have put inde- pendent procedures in place.

Ms Doyle replied, “They are the registered owners of the property and the buck stops with them. The matter has been going on since June 2004.”

Judge Joseph Mangan imposed a fine of

€250 on each summons and ordered the defendants to pay €887 council costs and €500 legal costs.

Meanwhile, in the last two years Clare County Council has gone after 758 develop- ers for leaving a mess behind them. But just ten of these were developers of housing es- tates. The local authority issued 314 warning letters, 202 enforcement notices and brought legal proceedings in 42 cases.

The figures were made public by Cllr Pas- chal Fitzgerald (Lab) who said the actions taken fell short of what was needed by peo- ple who were living with the legacy of build- ers’ shoddiness.

“Tm not at all happy with this level of en- Koceonnonle

“Day in and day out, I get people calling me to tell me what a dreadful condition their CI RMKoer Dasa E

“We need more staff working on enforce- Tne toy nn

TWELVE Ennis based _ scuba divers stranded in Cuba since be- ing caught up in the aftermath of Hurricane Wilma, which pounded the Caribbean island at the week- end, are hopeful of returning home later today.

Following a ten hour drive from their base in Cayo Coco to the Cuban capital on Saturday, the group remained in an airport ho- tel last night awaiting confirma- tion of whether their Air France flight would be allowed take off for lake

The 12 strong group, all mem- bers Ennis Sub Aqua Club, left Ire- land on October 13th on a twelve day trip which included several days diving on Cuba’s Atlantic and Caribbean coasts. On Saturday, at the end of their holiday, their inter- nal flight to Havana was cancelled forcing the group to embark on a dangerous ten hour road trip to the

capital. The group finally arrived safely at their airport hotel on Sat- urday night however their flight to Paris on Sunday was cancelled be- cause of the storm.

Speaking from Havana last night, Brian Keogh from Newmarket on Fergus said, “The eye of the hurri- cane passed just 60 kilometres off the coast. The west of the country was affected worst but we were safe enough. It was very windy alright and our internal flight from Coya Coco was cancelled so we had to drive for over ten hours to Havana only to find out that our flight to Paris was cancelled as well.”

Cuba was fortunate to escape the worst of Hurricane Wilma al- though over 600,000 people were ordered by the government to evac- uate their homes particularly on the western side of the island. Yester- day (Monday), as Wilma reached Florida, waves churned up in her wake pounded the Cuban capital

of Havana flooding a highway and penetrating four blocks into nearby neighbourhoods.

“We are safe where we are and everyone is in good form. I don’t think we were in any real danger. We have had to stay an extra night in the hotel,’ said Mr Keogh as he surveyed the scene from his room. “We escaped the worst of it and at the moment it looks more like a bad winter’s day in Lahinch. The waves are high and it is very windy. We are still waiting to hear whether it is too windy for our flight to leave,” he said.

Earlier this year, the club do- nated all the proceeds of its annual flag day to the Tsunami relief fund. The money was sent to a boat yard in Sri Lanka where a small fish- ing boat was built, fitted with an engine and fishing nets and then donated on behalf of the club to a fishing family in Sri Lanka.

AN ENNIS couple who received over €100,000 from a developer after with- drawing their objection to a €20 million housing development have blocked a proposal for a retail development on En- nis’s Francis Street.

Vincent and Ann Coffey of Clon Road, Ennis are lodging an appeal to An Bord Pleanala against a plan by Galvin Con- struction Ltd. to build the retail outlet.

Last month, Ennis Town Council granted planning permission for the pro- posal by Galvin Construction in spite of an objection lodged by the Coffeys who own property adjacent to the proposed development site.

In lodging their appeal against the Galvin application, they claimed that the proposal would “devalue our property by virtue of its proximity along the lat- eral boundary. It will result 1n overshad-

owing, loss of amenity and privacy.

The appeal states: “Our client’s are not opposed to the development of the site provided it’s carried out in an or- derly manner and in accordance with the proper planning and sustainable de- velopment of the area

“We would respectfully submit that this application should be refused pend- ing a more appropriate design solution for the site.

“The issues of concerns that arise are, it impacts on our client’s property value and affects future development propos- als for the site and it will interfere with the enjoyment and current use of the garden and will result in difficulties with the construction, excavation and consol- idation of foundations on a site that has already been filled.”

A decision is due on the appeal in Feb- UIA

Last year, it emerged that the Coffeys

withdrew their objection against a €20 million housing scheme at the Quin Rd, Doora by Luxury Homes (Galway) Ltd., after the company paid them £85,000 (€107,930) and gave them two free sites.

A letter to the Board from the Coffeys stated that at no time did they approach the developers with the intention of se- curing payment of money, gifts, con- sideration of other inducement by any person.

However, the Coffeys successfully blocked a subsequent application by the same developers in June 2004 to build a new €10 million development on zoned lands in Ennis after their appeal to An Bord Pleanala on the application was upheld.

In August, Luxury Homes (Galway) Ltd lodged new plans with the coun- cil for 108 two-bedroom apartments at Doora, Ennis and the Coffeys lodged a fresh objection against the proposal.

THE promoters of the US-owned Doonbeg Golf Club remained upbeat this week on the project’s future and performance to date in spite of the venture accumulating losses of €15.9 million since its inception.

Accounts for 2004 recently re- turned to the Companies Office show an accumulated loss of €15.9 million, including a loss of €3.2 million last year.

However, the losses will be wiped from the accounts next year when the golf club will show a sub- stantial profit when the sales from the luxury suites from The Lodge

appear in the accounts.

The golf club confirmed that 45 of the 47 one to four bedroom luxury suites currently under con- struction have been sold and this is expected to generate an estimated €30 million, with a number of the suites selling for €1.6 million.

The figures show that the US- backers of the project have invest- ed €37.5 million in the project, resulting in the company’s balance sheet showing a positive balance of €29 million even with the loss of €15.9 million taken into account.

Also, the figures show that the golf club’s legal adviser and com- pany director, Ennis-based solic1-

tor, Des Houlihan has been paid €262,856 in legal expenses in me

According to a company spokes- man, “Doonbeg Golf Club project is on budget and on schedule…The project has more than lived up to expectations and the feedback from those playing the course and investing in the suites has been un- reservedly positive.”

He said: “The Lodge, along with the all of the major facili- ties, including the clubhouse, the pro-shop, the restaurants/bars, the spa and the accommodation are on schedule to be completed early in the New Year.”

A MAJOR new development project for the Burren region may be set to take off if unions can persuade the Minster for Enterprise, Trade and Employment, Michael Martin to re- vise his new mandate for Shannon Development.

SIPTU and the NUJ are currently engaging with Department officials in a bid to overhaul the new man- date Minister Martin has handed Shannon Development.

Interestingly, one of the central planks of Shannon Development’s future plans as envisaged by SIPTU is a major development for the Bur- ren.

In a document lodged with the

Government prior to Minister Mar- tin making his decision, SIPTU state, “we will undertake a major new development project around the Burren.

“This major national asset is grossly underdeveloped and conse- quently underutilised for tourism.

“Before any consideration of in- vestment, marketing and develop- ment, we will bring together all of the development partners, particu- larly local groups, to develop and work to an agreed plan.

“We will concept, scope and de- liver a new future for the Burren, which sees it being easily accessible and remaining free from over devel- ej eetoele

“As local residents of the area

ourselves, we are particularly sensi- tive to underpinning normal project management considerations with care for the environment and local inclusiveness.”

The proposal by SIPTU follows the Minister for Labour Affairs and Clare TD,

Tony Killeen’s statement that Shannon Development should be the lead agency in drawing up a strategy to set out a proper access policy for the Burren.

Minister Killeen said that the policy should now be set in train to avoid scenarios such as tourists leaving the Burren with a negative experience never to return or tour- ists trampling farmers’ land and pulling up rare flowers.

No agency has grappled with the thorny issue of providing visitor fa- cilities for the Burren since the end- ing of the long-running Mullagh- more controversy in 2001.

On the prospects of the success of any new tourism product in the Burren, the Manager of the Burren Centre in Kilfenora, Paddy Maher said that the centre ‘is running fast to stay stand still this season.’

“It is getting harder to run the Lp LUKSTENToISR

‘We are happy with the numbers, which should be around the target of 33,000 to 35,000.

But the yields are down because the tourists are spending less and we have to work twice as hard for every Sale.”

AN open verdict has been returned in the inquest into the death of a fa- ther and son who drowned on a west Clare farm earlier this year.

The Coroner’s Court heard that Michael Cunningham (41), a fitter and his 10-year-old son James, from Knockbrack, Clonlara, were help- ing out on Michael’s brother Kevin’s farm at Eirebull, Labasheeda, when they disappeared on March 28 last

Both bodies were recovered from a quarry hole on the farm, by mem- bers of the Athlone sub-aqua diving club and Kilkee Marine Rescue, at 7.30pm that evening.

Garda Michael Ryan said a fork was located in the place where the two had been feeding cattle and adjacent to that was a large quarry

hole. There was a small scuff mark but nothing else to suggest anything was wrong.

Dr Elizabeth Mulchay performed an autopsy on both bodies at Lim- erick Regional Hospital. She con- cluded that the deaths were due to drowning.

Coroner Isobel O’Dea said the in- cident was a “very sad and unfortu- nate double tragedy.

‘Probably one of them fell into the quarrry and the other went into save him but we don’t know. Nobody saw anything happen,” said Ms O’Dea.

Sympathies were extended to the family of the deceased and tributes were paid to those who assisted in the recovery of the bodies, by both the Coroner and Inspector Tom Kennedy.

and CIE, is designed to give pri- mary schools the opportunity to communicate their vision of their community and how it could be im- proved.

St. Enda’s project, which was completed by last years 5th and 6th class, looked at the development of the Lisdoonvarna around the Spa Wells.

The project traced the history of the Wells from the late 1700’s right up to the present day.

It examines how the town of Lisdoonvarna grew up around the Wells and how the guesthouses, ho- tels, schools and churches built up as the town expanded.

The project also researched the life of one of Lisdoonvarna’s oldest residents, ‘Biddy the Sulphur’ who used to jug out water at the sulphur wells for many years.

Indeed, a plaster cast of Biddy is in the school as a reminder to the children of a by-gone age.

An important element of the com- petition is looking to the future and in their project the pupils of St. En- da’s felt very excited by what has been planned to make the town an attractive tourist destination once eheee DOE

The children researched the project by interviewing their par- ents, grandparents and neighbours

and used the information to pro- duced the 35-page book.

The book also featured plenty of photographs from the past and the students also visited the Wells and all the sites mentioned in the

project.

A St. Enda’s teacher, Mrs Brigid Hehir, co-ordinated the project was delighted with the win and with the €3000 which was presented to the school last week.

Last years 6th class, who are now in Mary Immaculate Secondary school, returned to St. Enda’s to attend the presentation along with their principal Mr O’Loughlin and Se Erece heel mY Eee

A NORTH Clare solicitor has been is- sued a warning letter under the Planning Acts over a two-storey extension alleg- edly built without planning permission on Ennistymon’s Parliament Street.

Clare County Council has served Ju- dith Foley c/o Chamber & Co Solicitors of Parliament Street, Ennistymon in respect of an alleged unauthorised de- velopment in the town’s Architectural Conservation Area (ACA).

The letter to Ms Foley states: “I am to inform you that it has come to the attention of Clare County Council that unauthorised development is_ being carried out namely the construction of a two-storey extension in an ACA at Parliament Street without the benefit of planning permission.

The letter continues: “The council considers the development to be unau- thorised as it does not have the benefit

of planning permission and does not constitute exempted development.

You are required to cease unauthor- ised works and remove unauthorised development.

The letter adds that any person found guilty of carrying out an unauthorised development shall be liable on sum- mary conviction to a fine not exceeding a Oe

Ms Foley has been invited to make submission in writing to the council within the next four weeks. It will be open to Ms Foley to lodge plans with the council to retain the development.

The issuing of the Warning Letter to Ms Foley is part of increased policing of alleged unauthorised developments in Clare. Earlier this year, the Council’s Director of Service for Planning, Liam Conneally said that 900 notices had been issued since 2001.

Ms Foley was unavailable for com- ment this week.