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SOME schools aiming for the Trans- port Green Schools flag take to their feet or make use of pedal power. But youngsters at Flagmount National School have shown they have real bottle and on Friday, launched a working raft, made from empty plas- tic milk cartons.

The pupils at the school made the raft last term under instruction from local couple, Sandra and Stephan Schwitilla who have been involved in similar projects in their native Germany before coming to settle in Currakyle.

The youngsters collected 840 two- litre milk cartons and recycled wood to build the handsome vessel, which can comfortably transport 28 chil- dren.

It was launched last Friday amid a festive atmosphere at Whitesands and, said school principal, Pat Mc- Namara, “It functions very well. It’s an amazing piece of work and we’re so delighted that Sandra and Stephen agreed to show us how to do it.”

Mr McNamara said it was “amaz- ing to see them all hammering, fix- ing and screwing it together. The children collected everything needed for the raft – it’s all recycled material. Bottles, wooden frame, nails – even the screws have been collected up from other things. They’re so totally involved with the work, it’s marvel- olin

The raft was made in four sections and test-runs carried out on each one before it was finally assembled for the launch.

Fully kitted out with life-vests, the young mariners took to the water amid shouts and cheers of encour- agement from teachers and parents gathered on the shore, or in their own

boats on the lake.

And the vessel sailed out on the water powered by youngsters using hurleys to row.

“They even managed to make the most use of those,’ the principal said.

After the rafts’ maiden voyage, there was a barbeque on shore to cel- ebrate the amazing achievement.

Now the next task 1s to find a safe place to store the vessel and the school is holding a competition to name the raft.

Parents themselves, the Schwitillas offered to help the school with their fourth green flag project, which in- volves looking at travel and how the carbon footprint of travel can be re- duced.

The school recently completed it’s third green flag award on the subject of water and water conservation.

THE Vandeleur Walled Garden has proved to be one of the success sto- ries of Kilrush Town Council and is a project its members are determined to keep alive.

So much so that its members have asked for a report outlining its suc- cess to be drawn up, amid fears funding for the tourist attraction will be cut in the next budget.

Kilrush Councillor Tom Prendev- ille (FF) said Clare County Council has always been benevolent when it came to the garden, but feared fund- ing for next year could suffer in the upcoming budget cuts.

CUlr Liam O’Looney (FF) added that every year there are fears among staff that jobs will be lost, but this year the fears are even stronger.

In a bid to make a strong case for the 2.158-acre garden, the members have now asked for the detailed re- port.

Kilrush Town Council first invested

in the development of the Vandeleur Walled Garden in 1997. The project was developed through the co-op- eration of the tourism industry and FAS.

Through hard work and dedication, a new strategic tourism product and community amenity for Kilrush was formed.

Restoration of the garden is now complete, with facilities in the cen- tre including a gift shop, coffee shop, conference suite and plant sales area.

The stunning garden is completely surrounded by stone walls and con- tains many unusual and tender plants that thrive in the area’s uniquely western latitude sheltered microcli- mate.

It is a valuable resource for the community, providing an ideal venue for exhibitions, book launches, Hal- loween, Christmas, Easter and other seasonal events.

The commencement of plant prop- agation and plant sales has proven to

be very successful. Plant propaga- tion is an ongoing yearly project in the garden.

Approximately 90 different species of plants – including shrubs, peren- nials, bedding plants, herbs and vegetables – have been successfully propagated.

A number of open days were held in 2008 and 2009, which gave the public free admission to the gardens

and reduced prices on plant sales.

A display of old farm machinery was also set up in the courtyard area and exotic plants were purchased for display in the glasshouse, which was fully reconstructed by the workers in the garden.

Developers defend retail park

CONCERNS about the welfare of animals on a farm in west Clare have been aired in court, by a veterinary inspector.

After a court heard that animals on the farm were thin and hungry and were confined by an electric fence, the farmer undertook to rectify the situation within two months.

Patrick Shannon (55), of Carrowna- calla South, Kilrush, pleaded guilty to four charges of cruelly ill-treating animals.

Veterinary inspector Vincent Lam- bert told Kilrush District Court that inspections were carried out on the defendant’s farm on a number of oc- casions late last year.

‘He has been visited on his farm since 2003 in relation to welfare of animals kept on the farm,” he said.

‘“T have observed a deterioration of

the situation,” he added.

He said that the animals were con- fined by an electric fence, while the animals were very thin and hungry.

“Over a period of time, we have served notices on Mr Shannon. He has failed to comply,’ he said. For instance, he said, Mr Shannon had been asked not to confine the ani- mals by an electric fence, while he had also been advised to reduce stock numbers on his farm.

During one visit, on September 23 last year, he said the animals were being strip grazed, confined by an electric fence. “The animals were empty looking. They were lowing for feed. We discussed the situation with Mr Shannon. He failed to appreci- ate the situation, that animals were suffering. We advised him to reduce numbers and clean out the sheds and prepare for winter storage,” he said.

He said he visited the farm again

on October 7, when the animals were on bare ground. “They were on their knees, in an attempt to reach grass outside the electric fence. They were in danger of shock from the electric fence,” he said.

Further visits took place on Novem- ber 12 and 19, but issues remained. The animals were still confined and were on their knees, trying to get ac- cess to grass.

Defence solicitor Michael Ryan said his client was sincere but mis- guided and Mr Lambert agreed with Wen Ke

“He had strongly held views. He might not have appreciated the se- riousness of the matter or the dete- rioration the animals had suffered,’ said Mr Ryan.

He said his client’s family had op- erated the farm, which was “a prime holding” of over 80 acres, for more than 100 years. “He had views which

we may not agree with, on the ecol- ogy of the farm. He hadn’t used fer- tiliser on the farm for 12 years. He didn’t agree with it,” he said.

He said his client had had a prob- lem with a neighbour and this had been on his mind a lot. He said the accused would undertake to cease strip grazing with immediate effect, indefinitely, while he would no long- er use an electric fence.

“He would go about tagging and testing of the animals, with a view to disposing of all 35 animals,” he CrHG

“The primary concern should be for the animals,’ said the solicitor.

He said the defendant would give an undertaking to rectify the situa- tion within two months.

Judge Joseph Mangan adjourned the case for two months and said, ‘He has a problem if everything isn’t done in two months’ time.”

THE developers of a retail park in Shannon have confirmed that their €60 million proposal will not have a negative economic impact on the town centre.

Earlier this year, the council stated that it would not be favourably dis- posed towards granting planning permission for the park.

In the latest tranche of information lodged with the council in support of the plan, Greenband Investment Ltd and Sean Halpin state that the retail park will generate €33 million a year in turnover.

The project plans to create 600 new jobs between construction and serv- ices when it becomes operational and includes a retail warehouse park for bulky household goods, discount

food store and neighbourhood centre to include a small convenience store, pharmacy, bookmakers and_hair- dressers.

The development will create 250 direct jobs, 200 indirect jobs and a further 180 jobs during the construc- tion phase.

The applicants have now lodged substantial information to allay the fears of the council.

Their application states that, over- all, Shannon is not performing for a town of its size and is not compara- ble to the other two major town cen- tres in the local retail hierachy.

“The shopping centre falls short in terms of the quantity and quality of retail floorspace and of its wider so- cial economic role than other town centres organically build up over time. The proposed development will serve the local need in south Clare for 1m- proved retail facilities and introduce competition into this particular area

“Regionally, it will help to strength- en retailing in Clare. It will provide a new form of retail in Shannon and will not have a negative impact on the town centre because there is suf- ficient growth in expenditure to ac- commodate the proposed retail park

“The proposed development would not have an adverse impact on the town centre and would actually represent a beneficial, quality, modern addition to comparison retailing in the town as a whole, which would support the wider strategy to maintain the town’s status as a regional centre.”

The council had stated that it has serious reservations about the pro- posed development having regard to the safety, nature and mix of retail uses having regard to its location; traffic safety and the provision of Services.

A JUDGE has been asked to dis- qualify himself from hearing a pub- lic order case, after reference was made to a defendant’s record, prior to the hearing of the case.

At Kilrush District Court, solicitor Eugene O’ Kelly applied for free legal aid for his client, who was charged with two offences under the Public Order Act.

Judge Joseph Mangan asked what the allegations were. Superintend- ent Michael Comyns, prosecuting, said it would be alleged that the ac- cused urinated against the door of a premises and was very intoxicated.

The judge then asked, “Are there any particular exceptional circum-

stances in the case that I should know about?”

Supt Comyns said there weren’t. The judge then asked was the de- fendant at risk (of going to prison). Supt Comyns replied, “He would be. He has a number of previous.”

Mr O’Kelly then said, “The court has been told this man has a number of previous convictions, before hear- ing of the case. I must ask the court to stand aside and another judge hear this case.”

Judge Mangan then granted free legal aid and adjourned the case for hearing at a later date.

Mr O’Kelly asked, “Are you dis- qualifying yourself from the case, Judge?” to which Judge Mangan re- plied, “Yes.”

MAKING a will won’t kill you, but not making it will cause a lot of unec- essary trouble and possible financial loss for your successors.

And yet, it is estimated that half of all adults have not made a will and only 20 per cent of business owners have decided who will inherit their businesses when they die.

This leads to more family disputes over inheritance and succession with the sale and division of estates result- ing in a significant share of the pro-

ceeds being consumed by legal costs.

You don’t have to make a will but it makes good sense to leave your af- fairs in good order for those who sur- vive you. It is a sad, but inevitable fact of life that many people die under the age of 30 – yet a very small number of them may even have thought about making a will.

If you make a will, you decide who gets what after your death. You can also decide who doesn’t benefit as you can minimise the impact of capital ac- quisitions tax on your beneficiaries.

If you don’t make a will, your next

of kin will inherit your estate. If you are not married, have outlived your parents and have no children, the Government could be the ultimate ANON lol a

In many cases, the people who ben- efit from your life’s work may be peo- ple you may not have wished to bene- fit from your death. If you don’t make a will, it’s possible the wrong people may be your legal successors.

You get to choose, but only if you take the right action at the right time. The right action is to seek advice from a solicitor and the right time 1s now.

A GARDA investigation into the misappropriation of thousands of euro in rents 1s “complex”, a court has been told.

The comment was made, as the State was granted an extension of time for preparation of the Book of Evidence in the case of a property agent, who is accused of 61 charges, in connection with the misappropria- tion of almost €80,000 in rents.

Fiona Lillis (36), of Lisduff, New- market-on-Fergus, is accused of 49 theft charges and 12 charges of de- ception, in relation to €76,540, be- tween December 17, 2007 and Sep- tember 30, 2008.

The charges relate to the owners of six properties. She is facing 45 theft charges and four charges of deception in relation to one prop- erty owner Richard Dineen, totalling €59,570, relating to rent and rental deposits for accommodation at Kin- cora Apartments, Shannon.

Another six charges – three theft charges and three deception charges – relate to Adrian Kelly, in relation to a property at Dun na Manach, Quin. The other six charges relate to Kin- cora Apartments, Shannon.

Ms Lillis appeared in court initial- ly in July and the case was adjourned to last Thursday. On Thursday, In- spector John Galvin, prosecuting, said that the book of evidence was not ready. He asked for a two-month adjournment.

However, defending solicitor Ca1- triona Carmody said, “This has been going on since July. My application is that it be adjourned peremptory against the State.”

Inspector Galvin said, “It’s a com- plex matter. It will take time.”

Judge Joseph Mangan extended time for service of the book of evi- dence and adjourned the case for two months.

A SIX-MONTH jail term has been handed down to a woman who plead- ed guilty to charges under the Theft and Fraud Offences Acct.

Cora Mulqueen (35), of Kincora Apartments, Shannon, pleaded guilty to altering a Department of Social and Family Affairs cheque and three other offences, arising out of an inci- dent in December 2007.

Shannon District Court was told previously that Ms Mulqueen was a chronic heroin addict and had been unsuccessful in her attempts to give up the drug.

Her solicitor, Caitriona Carmody, said that her client has now moved away from Shannon and is off her- oon

Judge Joseph Mangan said the pro- bation report in the case was “very negative” and imposed a six-month jail term. He fixed a bond in the event of an appeal.

It is important for you to make a will because if you don’t, the law on in- testacy decides what happens to your property.

A will can ensure that proper ar- rangements are made for your de- pendants and that your property is distributed in the way you wish after you die, subject to certain rights of spouses and children.

A person who dies having made a valid will is said to have died ‘tes- tate’. If you die testate, then all your possessions will be distributed in the way you set out in your will. It is the job of the executor or executors you named in your will to make sure this happens.

There are legal limits as to how much of your property goes to which person, as set out in law in the Suc- cession Act, 1965. An executor can be a beneficiary under the will. In other words, the executor can also inherit under the will.

After you die, somebody has to deal with your estate, by gathering together all your money and posses- sions, paying any debts you owe and then distributing what is left to the people who are entitled to it.

If you leave a will before you die, one or more of the executors you named in your will usually has to get legal permission from the Probate Office or the District Probate Regis- try for the area in which you lived at the time of death to do this. Permis- sion comes in the form of a document called a Grant of Representation.

If you did not name any executors in your will or if the executors are unable or unwilling to apply for a Grant of Representation, documents called Letters of Administration (With Will) are issued.

When your estate is distributed, the legal rights of your spouse and children, if any, will be fulfilled first after any debts are paid before any other gifts are considered.

A person who dies without a will is said to have died ‘intestate’. If you

die intestate, this means your estate, or everything that you own, is dis- tributed in accordance with the law by an administrator. To do this, the administrator needs permission in the form of a Grant of Representa- nlOyee

When a person dies without a will or when their will is invalid, this Grant is issued as Letters of Admin- istration by the Probate Office or the District Probate Registry for the area in which the person lived at the time of death.

The legal rules governing the dis- tribution of your property apply: e When you have not made a will e When the will has been denied probate because it has not been made properly or a challenge to it has been SLECOLeAT AU e When the will does not complete- ly deal with all your possessions. In these cases, after debts and ex- penses have been deducted, the estate is distributed in the following way. If you are survived by: e A spouse but no children (or grandchildren): your spouse gets the entire estate. e A spouse and children: your spouse gets two-thirds of your estate and the remaining one-third is di- vided equally among your children. If one of your children has died, that share goes to his/her children. e Children, but no spouse: your es- tate 1s divided equally among your children (or their children). e Parents, but no spouse or chil- dren: your estate is divided equally between your parents or given entire- ly to one parent if only one survives. e Brothers and sisters only: your estate is shared equally among them, with the children of a deceased broth- er or sister taking his/her share. e Nieces and nephews only: your estate 1s divided equally among those Hae hailes e Other relatives only: your estate is divided equally between the near- est equal relationship. e No relatives: your estate goes to the state.

PLANS by the University of Limer- ick (UL), the country’s leading sports university, to extend its Clare campus by 25 acres with sports amenities have come under fire. In a planning application lodged with Clare Coun- ty Council, UL is seeking planning permission for two standard soccer pitches, one GAA pitch and one rugby pitch along with a sports pavillion and 392 car-parking spaces.

However, in an objection against the development, local resident, Caro- line O’Brien of Shravokee, Clonlara states that “our greatest concern re- lates to the impact that this develop- ment would have on our property at

Shravokee, Clonlara.”’

She states, “The proposed devel- opment will have a very significant footprint on a very special landscape, namely a floodplain of the River SJat-evelOnee

“The loss of 25 acres of floodplain would have enormous consequences for the rich natural habitat of this area.

“On occasion, flood waters have en- croached within a few metres of our buildings. Even the slightest increase in the flood levels in this flood plain would inundate our property.

‘The cumulative effect of these vari- ous developments on this flood plain will inevitably increase the future of floods.

“We are highlighting the serious threat presented to our property by the proposed development.”

Ms O’Brien cites the Clare County Development plan, which states that “proposals for development on the coast, within a flood plain or adjacent to a river or its flood plain, will only be permitted where it can be clearly demonstrated that it does not place itselt at risk of harm to life or dam- age to property through flooding or increase the flood risk in the relevant river catchment”.

She states, “In our opinion, the pro- posed development is at variance with this condition.

“If this development proceeds and our property is consequently affected

by flooding could you please indicate where the responsibility lie.”

However, consultants for UL state that “the proposed development com- plies with the requirements of the County Development Plan”.

The university states that “the sports facility is an appropriate landuse in a floodplain and it is adaptable to cli- mate change”.

The consultants state, ““The extent of the development, relatives to large river flood levels and large floodplain extent will result in no impact on lo- cal water levels and effects on flows downsteam will not be significant.”

The consultants admit that the sub- ject lands have been subject to isolat- ed flooding incidents in the past.