The Clare People Archive

THE backers of a proposed fivehectare retail development on the outskirts of Ennis say it will have a “limited” impact on existing businesses in Ennis.

Michael Lynch Ltd are seeking planning permission for a large development on the Clare Road/Tobertascain, which it is claimed will create 300 construction jobs.

A retail impact assessment prepared by DPP on behalf of Michael lynch Ltd states that the projected retail turnover for the proposal is estimated to be of the order of € 46.4m.

It states, “In terms of convenience retail floorspace, it is likely that the proposed development will compete with existing Tesco and Aldi, both on Francis Street; Dunnes Stores on O’Connell Street; and Lidl which is located on the Gort Road.”

The report adds “There may be a small amount of diversion from other convenience outlets in the Ennis area but this would be limited. Aside from the big-name operators, most other existing provision is smallscale, local walk-in trade.”

The report was prepared as part of a response to a further information request from Ennis Town Council.

It states that the “proposed development at the Limerick Road, Ennis, consists of an urban development including a mix of retail and office use. The development represents one district centre format of which none currently exists in Ennis despite its status as; hub town….county town for Clare and a recognised need for additional floor space in Ennis in the Mid West Retail Strategy”.

Of the potential impact on town centre businesses, the authors state, “The assessment of retail impact or cumulative retail impact of the proposed development on Ennis Town Centre found that, whilst there would be a small diversion of trade to the proposed foodstore, this would be cushioned by capacity in the retail market and the retention of both Dunnes and Tesco in the town centre and limited competition with the higher-end comparison and specialist retail offer in Ennis town centre.”

The report, continues, “If permitted, the proposed development will contribute to the retail offer of the town and stem retail expenditure leakage to other urban centres.”

The report outlines the retail characteristics of the proposed development. It states that the proposal provides for a total gross retail floorspace of 7,834sqm; the hypermarket provides 3,000sqm net convenience floorspace and 2,411 sqm net comparison floorspace. The ancillary units provide for 481sqm gross retail floorspace.

The report continues, “It is envisaged that the majority of these (retail units and kiosks) would be used for services, restaurants and café and community uses as envisaged by the development plan and the RPG in light of the proposal’s district centre format. For the purposes of calculating retail impact, therefore, we are mainly concerned with the net retail figures for the proposed foodstore.

“However, in the interest of robustness, we estimate that approximately half of the additional floorspace (totaling 520m2) will be given over to small convenience and / or comparison uses and have factored in 130m2 space each to account for these potential occupiers.”

Citing figures from the 2010 retail strategy for the mid-west region, the report states, “The figures would sug- gest that there remains substantial capacity for another large foodstore in town in addition to this proposal and that the residual comparison would be more than sufficient to cater for further substantial higher order comparison floorspace in or close to the town centre on sites such as PS1.

“These results are not surprising when one considers the relative lack of growth in the town’s retail offer over the past 10 years and indeed the lack of any substantive pipeline development as illustrated by the MidWest Retail Strategy Review 2009.”

The authors state that they have received correspondence from Tesco Ireland that confirmed their intention to remain in the Ennis Shopping Centre.

“The letter also points out their own business view of much greater potential in the existing retail market space.”

ANGLING tourism can only be properly kick-started in Clare if the Inland Fisheries Board spearheads an anti-poaching campaign in the county’s rivers and lakes that have been decimated of its fish stocks.

The December meeting of Clare County Council heard councillors from all parties back a motion from West Clare councillor Gabriel Keating (FG) calling on the Inland Fisheries Board to act.

“I have been told that Doonbeg River will not open until there is an increase in Salmon stocks,” said Cllr Keating.

He continued, “But the problem with the river has always been poaching. While you have anglers on the river, the opportunities for poaching are restricted. If anglers are not there, it is open season for poachers,” he added.

“Before the closure, anglers and bailiffs were on the same side of the fence. But now bailiffs are falling foul of anglers as they are threatening on-the-spot fines on any anglers they catch fishing for salmon.

“This naturally angers anglers as they feel there are doing far less damage than what is being done on a large scale by poachers.

“The ideal situation would be that anglers and bailiffs would work together,” he added.

CONCERNS over the road network in the vicinity of a proposed wind farm in West Clare – which would be the biggest of its kind in the midwest if it gets the green light – have been raised.

A planning application has been lodged with An Bord Pleanála for the development of a 45-turbine win farm at Shragh, Doonbeg.

The application has been lodged by Clare Coastal Wind Power, which says it would create a huge tourism boost for the area. While Clare County Council planners say it would help to achieve the council’s target for renewables, they have expressed concerns in relation to the scale of the project.

The application is the largest ever lodged for a wind farm in the midwest and would have the capacity to provide energy to more than 70,000 homes.

The application did not go before the county council and instead was lodged with An Bord Pleanála. This was because the application was deemed to have met the criteria for a strategic infrastructure case and therefore should go before the Board.

The company behind the project has held an information meeting in Doonbeg which was attended by more than 100 people.

Its representatives have also met with local business and community groups.

At a meeting of Clare County Council yesterday, Councillor Oliver Garry (Fine Gael) said it was a “topical” issue in West Clare.

“Already in West Clare we have two wind farms. They are producing 32 mega watts and there is planning permission for another 100 mega watts of electricity. We have a target of 250 mega watts by 2020,” he said.

He asked what provisions are made for the local roads area and said that the network “seems pretty poor”.

County Manger Tom Coughlan said that the council cannot direct An Bord Pleanála to add conditions but can refer to conditions.

Fianna Fáil Councillor PJ Kelly said that while “beggars can’t be choosers”, they should be listened to and said that potential road damage should be considered.

Independent Councillor Christy Curtin asked, “Has there been experience of other such projects under this legislation? Has there been experience?”

Fine Gael Councillor Joe Arkins said, “A windfarm of this size is more suitable for an area that is zoned strategic. . . Should we not be making that point stronger in the submission?”

“There has to be a limit to the amount of wind turbines you see when you look out the front, the back and the two sides of your house,” he said.

Concerns raised by the planners and councillors will be included in the submission on the application to an Bord Pleanála.

PLANS to develop a new library in Ennis will be put on hold until after 2014, a meeting of Clare County Council has heard.

The council has been told that funding will not be approved until the preparation of a new library development programme.

In March, the council sought expressions of interest for the provision of a new library building. Two preferred sites emerged from the process.

Bernadette Kinsella, Director of Services Housing, Social and Cultural, told yesterday’s meeting of Clare County Council that the authority had not been contacted by the developers seeking to build a five-hectare retail park on the Clare Road about the offer of a new library building.

Michael Lynch Ltd have stated that they will hand over a library “free of charge” to Ennis Town Council as part of the proposed development.

Ms Kinsella was responding to a question from Cllr Paul Murphy (FG) who, along with fellow Fine Gael councillor Tony Mulqueen, tabled a motion requesting information on plans for a new County Library Headquarters.

In her reply, Ms Kinsella confirmed, “Sixteen expressions of interest were received by the specified date. A preliminary site suitability assessment was then undertaken by an in house panel external to the directorate, and each site was assessed and ranked having regard to the criteria.”

She continued, “From this process, five sites were identified as worthy of further exploration based in order of ranking.

“The owners of these sites were then requested to provide additional information for the purpose of the council undertaking a second stage site suitability assessment.”

She explained, “At the conclusion of this process, two preferred sites emerged.

“The owners of these sites were then invited to preliminary discussions which took place in July.”

During the process, the council engaged in consultations with An Comhairle Leabharlann, representatives of which visited both sites and expressed support for the council’s proposal.

Ms Kinsella explained that, in the course of discussions, the funding application, which must be site specific, would not be considered until a new library development programme is prepared.

“This is unlikely to occur before 2014 at the earliest. In light of this updated funding situation, it was decided to defer further engagement with the owners of the preferred sites protem. They have been advised accordingly.”

Ms Kinsella said the objective to develop a new library and ancillary remains a priority for the council.

“As funding streams are identified or re-opened these sites together with any suitable sites in the ownership of the council, can be reconsidered.”

She added that “necessary infrastructural works” will now be carried out at the De Valera library “to ensure a reasonable standard is maintained in the short term to medium term”.

A JUDGE has described a man involved in a row in front of a child as a “blackguard”.

Judge Angela Ní Chondúin made the comment after hearing that there was background to the incident.

Michael Owsiak (24), who is originally from Poland and with an address at Kincora Park, Ennis, was charged with assault causing harm to Marek Walendziuk, at Kincora Park, Ennis, on October 16 last.

Ennis District Court heard on Friday that the accused punched the other man in the face. As a result, the victim sustained a broken nose.

The court was told that accused did not have any previous convictions.

Defending solicitor Daragh Hassett said that the victim of the assault was the defendant’s girlfriend’s former partner.

He said there were issues in relation to a young child.

He said that the injured party had been “at him verbally and physically” and his client lashed out with one punch.

“Certainly he was geed up by the other party,” said the solicitor.

Judge Ní Chondúin commented that this was a “great example in front of a child”.

Mr Hassett submitted that it was not a “straight cut case of a one man punch with no context”.

Judge Ní Chondúin said, “It’s shocking bad behaviour in front of a child. You don’t take the law into your own hands.”

She said she would normally order that money be paid to an injured party, but added, “but I am not going to enrich a blackguard particularly where there is a child involved.”

She ordered that € 400 be paid to the court poor box, adding, if the money is paid, she will strike out the charge. She adjourned the case until later this week.

A MAN who found 42 road signs belonging to Clare County Council dumped in Ennis “threw them into” his van, a court has been told.

Patrick Ward (25), of Corrach Buí, Rahoon, Galway, was charged with handling stolen property at Ballycorey, Ennis, on November 19, 2010.

Inspector John Galvin told Ennis District Court on Friday that the accused was stopped on the road with 42 road signs belonging to the county council, which were valued at € 4,000.

“They were confiscated by gardaí and returned to the council so they are not at a loss,” said Inspector Galvin.

The court was told that the accused has several previous convictions including for theft.

Defending solicitor Tara Godfrey said that her client is currently serving a 22-month sentence in jail. She asked the court not to extend this sentence.

Judge Angela Ní Chondúin said, “He has a pretty bad record.”

Ms Godfrey told the court that the father-of-two saw the signs dumped on the Lees Road in Ennis and “threw them into the van.”

“He realises he shouldn’t have taken them,” she said, adding that her client hoped to sell them in Galway for scrap.

The judge said, “He knew what he was at. He knew the value of it.

“ Don’t be using his children as an excuse, with his track record.”

Judge Ní Chondúin imposed a 10month jail sentence, suspended for two years.

“Maybe between this and then he will learn.

“I haven’t extended his time but it is up to him if he learns. I doubt it,” added the judge.

AN off-duty garda fell to his death while fishing with his six-year-old son in Kilkee, an inquest into his death has heard.

Adrian Martin (46), from Carrickmacross, Monaghan, was fishing at Dunlicky, Kilkee, on August 25 last, when he fell “head first” over the cliffs. He was on holidays in Kilkee with his wife Helen and their young son Dermot at the time.

Ennis Coroner’s Court heard last week that Mr Martin went fishing with his son that morning, while his wife remained at their holiday home.

A witness at the inquest, Susan Kiely, recalled going fishing with her husband and three children shortly after 11 o’clock that morning. She said that after 12 noon a man – wearing a red jacket – and little boy arrived.

Shortly after there was a “torrential downpour”. The rain was so heavy that she went to her car for shelter with her children.

After the shower had passed, she said that she returned to where she had been. She saw the man and boy standing on a smooth area of rock, fishing. She said that the rock surface where she was standing was slippy after the rain.

She said she saw the man in the red jacket standing at the cliff edge. He was bent over. She then saw him falling “head first over the cliffs”. She said she did not know if he had slipped.

“I roared to my husband ‘he is going, he is going’,” she recalled. She said she then saw the young boy starting to move forwards to the cliff face. Her husband ran over to him and took him to safety.

Helen Martin recalled going on holidays with her husband Adrian and son Dermot.

She said they had gone fishing at around 11.20am and she expected them to return to their holiday home at 1.30pm. However, they had not returned by 2.05pm. She could not make contact with him by mobile phone.

She said that a short time later, she saw her son standing beside a garda patrol car which had stopped near their holiday home.

She said that a garda told her that there had been an accident and that her husband was dead. At 3.25pm she identified her husband’s body to a garda.

Garda Eoin Daly told the inquest that Kilkee Rescue Service recovered Mr Martin’s body from the water shortly after he fell off the cliff edge.

He said that according to witnesses, Mr Martin had slipped off and from his gardaí concluded that there were no suspicious circumstances and that it was a “tragic accident”.

A post mortem examination carried out on Mr Martin’s body revealed that he had sustained a deep laceration to the left side of the forehead, an abrasion to the left side of the nose, and fractures to the left elbow, right hip and right knee.

Death was due to acute cardio respiratory failure secondary to multiple traumatic injuries including skull fractures sustained in an accidental fall.

Coroner Isobel O’Dea returned a verdict of accidental death.

A MAN caused € 3200 worth of damage after wandering into a holiday home in a “drunken stupor”, a court has heard.

David Quinn had been on a night out in Killaloe earlier this year when the incident occurred.

A sitting of Killaloe District Court heard that blood stains from a cut sustained by Quinn accounted for most of the damage.

Quinn (32) with an address at Killonan, Ballysimon, Limerick was charged with causing criminal damage at 42 Marine Village, Killaloe.

On Wednesday, Judge Aeneas McCarthy was told that the cost of the damage came to € 3200.

The court heard that Quinn had been attending a wedding in Killaloe. He later became locked out of his hotel room.

Solicitor Daragh Hassett said that his client had taken refuge in a nearby holiday home.

Prior to entering the house, the court heard, Quinn fell and cut himself.

Mr Hassett explained that when Quinn entered the holiday home he spilled blood on the carpet and some of the fixtures. He said his client had been in a “drunken stupor” at the time.

He said the blood stained carpet accounted for most of the cost of the damage.

Mr Hassett said that Quinn could pay compensation and requested that he be given six months to do so. Judge McCarthy ordered that Quinn pay € 3200 in compensation.

Granting him four months to make the payment, Judge McCarthy said that he expected the amount to be paid in full on April 3 (2012).

The judge added that he did not want compensation to be paid in installments.

A TWO-MONTH sentence has been handed down to a Shannon man who committed criminal damage in the town earlier this year.

Judge Aeneas McCarthy imposed the sentence on Mark Liddy (19) at a sitting of Shannon District Court on Thursday.

Liddy, with an address at 5 Fergus Drive, Drumgeely, Shannon, was in court to face the potential activation of suspended sentence.

The court heard that Liddy had previously been sentenced at the Circuit Court and his case had been referred back to the District Court to deal with the issue of a suspended sentence.

Liddy had been charged with causing damage to five clear white Georgian double glazed units belonging to Clare County Council at Ballymurtagh, Cross Shannon on March 23.

Solicitor Tara Godfrey said her client had expressed remorse for his actions and was willing to pay compensation for the damage to the double glazing units.

She asked the court not to consider activating the suspended sentence and instead adjourn the matter for 12 months when her client’s sentence had expired.

Judge McCarthy convicted Liddy and sentenced him to two months in prison.

He ordered that the sentence commence on the lawful termination of the sentence he is now serving. Recognances were fixed in the event of an appeal.

A 17-YEAR-OLD girl who got involved in “very bad company” in Ennistymon has been told by a judge that she is “on a very slippery slope”.

The girl pleaded guilty to entering the Old Convent, Deerpark, Ennistymon, as a trespasser, on October 28, 2010.

On October 31, 2010, she and another individual were involved in an incident in which a car had a front window broken, while the front seat was set on fire.

The court heard the cost of the damage amounted to € 800.

Superintendent Colm O’Sullivan told Ennistymon District Court last Wednesday that the girl went into the convent with a number of other youths “for the purpose of drinking”.

“Somebody in the group lit a fire to warm themselves,” he said.

Judge Aeneas McCarthy said that the Probation report on the accused was “very positive”.

The court heard that girl had a number of previous convictions.

Her solicitor Gearóid Williams said that the girl was aged 16 at the time of some of the offences.

“She used to come to Ennistymon. She mixed in very bad company. She spent time in Oberstown.

Since then there has been a considerable change,” Mr Williams told the court.

“She is now availing of the opportunities she is being given,” said Mr Williams.

He said that the girl has not been in Ennistymon in recent times.

“The difficulty is when she goes to Ennistymon she gets involved in bad company, much older people,” he said.

He said that his client has not been involved in any incidents since August and is now a “completely differ- ent” person.

The girl’s social worker told the court that she has made a “huge improvement” since she spent time in Oberstown.

Judge McCarthy placed the girl on 12 months probation.

“You seem to be making progress,” he told her.

“You are on a very slippery slope at a very young age.

“The court will not be as lenient with you in the future.

“I am taking a chance with you and I hope you take the chance you are getting,” said the judge addressing the teenager.