The Clare People Archive

A LAHINCH businessman has told An Bord Pleanala that he must be allowed to pursue his living without interruption from revellers from an adjoining pub on the Main Street of the resort.

Last month, the council gave Flanagan’s pub the go-ahead for an extension to their operation, ruling that it was in accordance with the proper planning and development of the area. However, Pat Kenny of the

adjoining jewellery shop Gems of Eves/Allure has appealed the deci- sion to An Bord Pleanala.

In his appeal, Mr Kenny said: “The construction of this area will not stop the existing problem of cus- tomers smoking and drinking on the main street as people in the front bar will use the street as it is more con- (os Ob CoOL

“We will now have intoxicated cus- tomers at the front, side and possibly on top of our premises. This is a busy resort town with a constant party

mood during the summer months.

‘“Flanagan’s bar has live music every single night of the summer. We have endured this noise for years and are now completely surrounded by it. My shop is selling jewellery and high quality goods.”

“It is not helped by the rukus next door spilling out into the street and now from my backyard. I need to be allowed to pursue my living without this type of interruption

‘My business stays open late in the summer months and currently has to

contend with only the noise from the main street as there are currently no openings from Flanagan’s bar facing my building.

“If this new plan is allowed, there will be upstairs windows from the existing domestic area, the new large glazing and the doors in the court- yard as well as the clients in the courtyard to contend with. The noise level will be unbearable.

“The construction of this extension will devalue my property. The sub- stantial increase in the size of the bar

and the opening of so many windows and doors facing my property will all mean greater light and disturbance.”

In a submission to the council, Flanagan’s bar stated, “With these measures, it would be anticipated that the courtyard would not contribute to producing a significantly greater disturbance than what is currently on site from the opening of windows to provide natural ventilation to the bar areas.”

A decision is expected before the end of the year.

THE horrific death endured by Ennis hackney driver Liam Moloney two- and-a-half years ago, was recalled at the inquest into his death last week.

Ennis Coroner’s Court heard details of Mr Moloney’s final journey, on the evening he met his brutal end, on February 11, 2005.

The jury which heard details of the death agreed that he had been the victim of a murder and brought in a verdict in accordance with this.

The inquest heard from Shirley Conway, who worked at the office of Ennis Cabs, on the date in question.

She said the last call she gave Mr Moloney was at 7.14pm, on the evening of his death. That fare was to Clarecastle.

“Liam was in great form. He was due to work through the night, until 4 or 5 in the morning,” said Ms Con- ee

Hugh Hehir was the last fare Mr Moloney brought home that night, prior to him picking up Anthony Keath

Mr Hehir recalled going to the of- fice of Ennis Cabs, to get a taxi.

He said a man in his late 50s emerged from a back office and to- gether they walked to Mr Moloney’s

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‘He sounded like a townie. He seemed to know a lot of people around the town,” he said.

Mr Moloney drove Mr Hehir home to Clarecastle, arriving at around 7.30pm.

The following day, Mr Hehir heard that somebody had been killed in Ruan and he only realised who it was when he saw his face on the televi- sion.

John Cullinan, who had rented land at Port, Ruan, at the time, made the grim discovery of Mr Moloney’s body, at around 2.30pm on the after- noon after the murder.

“I saw that it was a human body,’ he said. He phoned his wife and she 1m- mediately contacted the emergency services.

The deceased’s brother Derry Moloney identified the body at Lim- erick Regional Hospital, on February eel tey

The inquest heard that he walked around his brother’s body several times, in shock.

“Tnitially I could not identify the body of my brother Liam, due to the head injuries. I walked around the body again and then identified it as my brother Liam,” the inquest heard.

Detective Sergeant Michael Molo-

ney, who attended the scene of the murder, said the deceased appeared to have had significant injuries to the head and throat.

Deputy State Pathologist Dr Michael Curtis carried out a post mortem ex- amination on the deceased’s body.

He said Mr Moloney’s skull had been severely fractured. He had sus- tained multiple blows from a chop- ping type weapon, either a machete, meat cleaver or axe.

He had also received multiple lac- erations to the hands and fingers.

Death, he said, was due to blunt force trauma to the head, with cut throat injuries a contributory cause.

FOR Clare traditional musicians Tullamore was the place to be last weekend as over 250,000 people congregated in the Offaly capital for the 56th running of Fleadh Cheoil na hEireann.

This year’s event, back in the mid- lands after a number of years, revived memories of the first ever All-Ireland Fleadh that took place in Mullingar back in 1951.

And Clare musicians who have dis- tinguished themselves at All-Ireland Fleadhs since the great contests be- tween the Tulla and Kilfenora bands brought more glory to the county, scooping titles across a range of competitions.

Those in the winners enclosure in- cluded: Tara Breen and Cathal Mac An Ri in the Senior Duet compe- tion; David McCarthy, Accordion under 12; Keith O’Loughlin, under 15 Mandolin; Aisling Lyons, under 12 Harp; Emer Arkins in Lilting and Irish Singing and Tig na Coille in the under 18 Céili Band competition.

The Clare success stories didn’t end there. Many other performers were also on the podium over the week- Ne

Tig na Coille were second in the 12-to-15-year-old Céili Band com- petition, while Burren were third. Burren also scooped second in the Grupa Ceoil compeition.

Tara Breen was second in the un- der 18 Fiddle; Dermot Sheedy was runner up in the under 18 drums; Tara Howley third in under 15 Uil- leann Pipes; Emer Arkins/Brian and Keith O’Loughlin third in under 18 Trio; Sean and Gerard Kennedy/ Aine Griffey third in under 12 Trio; Cres sToymyn Ue. Cui MscubKe MBO MBLY BIO UF-Dahve Fergal Breen third in Pipes Slow Airs; Bronwyn Power third in Fiddle under 18 and Martin Breen third in Senior Accompaniment.

RESIDENTS in the tourist village of Bunratty are demanding that plans for a large extension to a quarry in the village be limited to a 12-15 year period.

A decision is due on the application by Roadstone Provinces Limited later this month and, in a fresh sub- mission, local residents claim that the operation of the quarry is having significant adverse effects.

They state, “We are tolerant of the quarry operation and the submis- sions we make are not unreasonable — insofar as we don’t request the closure of the activity. However, we must request that a buffer zone of at least 200 metres is strictly enforced between our residential boundaries and the active quarry area.”

It goes on, “As residents, we put our health and safety first, the amenity value of our area second and finally

consider the scope for expansion of the area.”

Hence, they request “the limit of 12-15 years for the permission and the request for a community liaison group .

The residents are seeking that the conditions that the council impose “will provide for the protection of the local residents and their amen- ity, and the protection of the tourist resource in Bunratty”.

The residents are also demanding that the council insert a condition that “within six months of the date of this permission, the developer shall establish a local consultative eroup to include representatives of the developer and members and rep- resentatives of the local community and landed interests. The group shall constitute a forum to address op- erational issues of the quarry which are considered to impact upon local amenity”.

THE developers of a proposed hous- ing development in Lahinch have successfully argued that 1s not viable to retain the route of the West Clare Railway that lies close to the devel- opment.

This follows Clare County Coun- cil giving the go-ahead to Patricia Stackpoole to build eight homes on Station Road in Lahinch.

The council had expressed con- cerns over the scheme’s impact on

the West Clare Railway, pointing out that it is policy of the council to only permit development on or adjacent to the west Clare plan that will not con- flict with the policy.

The council stated that, “The pro- posed plan includes for a number of building unit and their rear gardens to be built over the line of the west Clare railway. Please address this matter by way of revised proposals.”

However, in response, consultants for Ms Stackepoole stated that, ““The line of the railway to the east and

west of the site as indicated on the at- tached map has been fully obscured and built over by numerous different ownerships for an extensive period of time

“Clearly, it is not possible that the line of the railway can be developed in this area as parts of a recreational route to achieve this objective. The rationale of maintaining the area of that line traversing the site does not therefore appear to be viable.”

In the planner’s report recommend- ing that planning permission be

eranted, the planner agreed with the developers that it was not possible to utilise the route of the West Clare Railway as a recreational route due to the amount of private land interest AN Cevercm seem eeuuleloe

The planner stated that the provi- sion of a walking route will prove extremely difficult and will require the acquisition of land and houses.

In its formal order, the Council gave the plan the go-ahead as the site is zoned as residential in the North Clare Area Plan, the intended use

of the proposed land and would not seriously injure the amenities of the area or of property in the vicinity.

The proposal attracted a lot of local Opposition and the ultimate arbiters of the merits of the application look set to be An Bord Pleanala.

In one of the objections that reflects local feeling over the plan, Marie O’Donoghue stated that, “Lahinch is a seaside village and haphazard backland development of this nature and size constitutes over-density and Waaey Deny Ac 1H (O)n ae

THE Ennis Tennis and Badminton Club has raised ‘major’ child pro- tection concerns in response to a planned apartment block overlook- ing the club grounds.

Last month, Cluid Housing Asso- ciation lodged plans for a five-storey apartment block on the grounds of Waterville House on Ennis’s Mill Road to construct 21 one-bedroom apartments and six two-bedroom apartments.

However, the proposal has prompt- ed stiff opposition from the Ennis Tennis and Badminton Club and lo- cal residents.

In its objection, the Ennis Tennis and Badminton Club raises ‘child protection’ concerns. It states, ““With a large junior membership, the club has rigorous child protection

schemes. Consequently, units with views overlooking children at play is of serious concern to all members.

‘The current proposal with viewing balconies virtually on or very close to the dividing boundary is of major concern for all members and visitors, be they male, female or junior, vis a vis privacy, security and child pro- tection.”

It goes on, “A more compatible one and a half storey development with velux windows to the northern boundary would be more sympathet- ic to the protected structure and its setting and would have less adverse impact on the use of our facilities.

“The proposed height of five sto- reys would block sunlight from courts. Loss of light and particularly sunlight would drastically reduce the enjoyment of the sporting amenity in terms of surface deterioration due to

dampness. Court 1 would become a dark court.”

The objection states, “The pro- posed development has inadequate public and private open space and is not compatible with the adjacent en- vironment.”

The objection is accompanied by 42 individual objections lodged by club members.

The general objection states, “We wish to emphasize that, whilst the members of the club recognise the need for orderly development, they feel that it is incumbent on the cur- rent members and committees to protect the security, privacy and safety of this most valuable, long- standing sports facility, which is the only tennis and badminton club in the expanding town of Ennis.”

A decision is due on the application later this year.

AMBITIOUS plans to construct a new hotel on the Main Street of the north Clare resort of Lahinch have been described as ‘ludicrous’.

In a hard hitting objection against the planning application lodged by William Stackpoole, Pat Kenny of Main Street, Lahinch claims, “This proposed development is over-build of the worst kind.

“This is a village. This site is a cottage with a small yard and some outhouses. The proposal to build 16 apartments, restaurant, bar, recep- tion areas on this small site is ludi- crous and has already been refused by An Bord Pleanala.”

Mr Kenny states, “This develop- ment does not materially differ from the previous application that was re- fused by An Bord Pleanala. The cur- rent proposal shows only cosmetic differences from the previously re- fused plan and none of the root issues of the refusal have been addressed.

He adds, “The construction of this underground car-park will…compro- mise the structure of Kenny Woollen Mills and Avondale Apartment Block to the south of the development.

“The excavation of the basement car-park would certainly cause the

older part of Kenny Woollen Mills building to shift its foundations.

‘The proposed deck at the rear will be used as a smoking area for the pa- trons of the adjoining dining room with the associated noise and pollu- tion to neighbouring apartments and business. This is a development that… will have long-lasting effects on my TELOMLom AU OC-beomee

In his objection, Donal Kenny states, “I own a building, Kenny Woollen Mills, directly south of the site. This proposed development would seriously devalue my proper- ty…My building is being overlooked by this proposed development. We will have windows facing directly into apartments and commercial ar- eas. Privacy 1s compromised.”

In response to the concerns raised by the Kennys, the council has re- quested that Mr Stackepoole lodge revised plans, confirming that the council has a number of concerns over the scheme.

The council state that the plan would result in overlooking and over- shadowing. In its request for over-de- velopment and also stated that the increase in height of the building where there is a lane has the potential to result in a location for anti-social behaviour, especially at night.

SIX people who were thrown into the water after their boat capsized were struggling to reach safety in full view of a large crowd for 20 minutes before anyone rang the coastguard.

It emerged that people standing on the bridge and by the riverside in Kil-

laloe on Sunday evening, watching the hapless boaters struggle to get to dry land, all wrongly presumed that someone else had rung the emergen- cy Services.

“It was almost 20 minutes after the incident before the call came in that there were people in trouble in the water and then it was from someone who knows people in the service,” a

spokesman for the Killaloe Coast- guard service said.

“We are asking people to ring 999, even if they think it has been called in before.”

The coastguard boat was called out after a small boat turned over, throw- ing the six men into the water.

Four — including one man who was not wearing a lifeyjacket — man-

aged to get out but only after they were swept almost 300 yards along the river.

The coastguards were on the scene minutes after getting the call and picked the remaining pair from the We ho

“The turbines were turned on at Ardnacrusha, creating a 15-knot cur- rent.

“If that grabs you, you just get dragged away,’ a member of the res- cue team said.

All six had been aboard a hire cruiser moored at Molly’s on the Ballina side.

The accident happened at the bridge at Killaloe after they went on the wa- ter in a smaller boat which comes with the hire cruiser.

AN independent county council- lor is once more leading opposition against revised plans by a Shannon- based company to establish the first crematorium in the west of Ireland.

In a formal objection against the planned development, Cllr Gerry Flynn claims that the proposed de- velopment is in contravention of the south east Clare development as the site is zoned ‘open space’ and not for commercial development.

The plan is proposed by [llauma- managh Ltd, steered by two former members of Clare County Council, Sean Hillery and Tony McMahon.

Plans were first lodged for the pro- posal in 2005 and last November, Ilaumamanagh Ltd withdrew their plans to allow the company revise the scheme.

The proposal was re-lodged last month. However, Cllr Flynn — who objected to the previous plan — claims that the proposal is on land owned by the public adjacent to the local grave- yard of [llaumanagh. He claimed that, “The planned future expansion of the graveyard could be curtailed if the proposal is granted permission.”

In a separate objection, Ray and Margaret Keohane stated, “We are concerned that a commercial devel-

opment such as a crematorium is be- ing proposed in this area.

“The proposed commercial devel- opment would be of great concern to us on the grounds of increased traffic movement. The crematorium in Cork is located away from residential de- velopment at Ringaskiddy whereas the proposal for Shannon would be located near residential, sporting and an existing graveyard in need of ex- pansion.”

In a submission lodged by the com- pany, they accept that the plan would be in contravention of the Develop- ment Plan. It stated, “However, the proposed development is an appro- priate ancillary development to the adjacent graveyard and it is suggest- ed that a decision to grant permis- sion in contravention of zoning for this specific development would be appropriate and would not set prec- edents for other developments in the area due to its unique nature.

“The proposed development is an appropriate addition to the range of services and facilities within the area. The development is a unique use in a unique location and is not likely to establish a precedent for further similar developments in the future.”

A decision is due on the applica- tion later this year.

THE solicitor for a man accused of conspiring to murder two Ennis businessmen has asked is the State ‘buying time,’ after he heard that the Book of Evidence has not yet been completed.

Egyptian national, Essam Eid, with an address in Nevada, US, 1s ac- cused of conspiring to murder Ennis brothers Robert and Niall Howard, between August and September of last year.

Last September, Mr Eid was initial- ly charged with extorting €100,000 from Robert Howard. He was held in custody on that charge – and a number of other charges, including burglary and handling stolen prop- erty – until June 26 last, when that case was dropped.

He was released, but re-arrested minutes later and charged with con- spiracy to murder.

Sharon Collins (44), of Ballybeg House, Kildysart Road, Ennis, 1s also charged with conspiring to mur- der the Howard brothers. She is cur- rently on bail and will re-appear in oo) tN a me slo. empnelereiaee

Mr Eid has been in custody in Lim- erick prison on the new charges since June and gardai are currently prepar- ing the Book of Evidence.

At Ennis District Court yesterday

(Monday), Inspector Tom Kennedy sought an adjournment, to allow the Book to be completed.

Asked by defending solicitor John Casey what stage the Book was at, Inspector Kennedy replied,

“It is in the process of being pre- pared. . more than half way to be- ing available. Quite a number of extensive enquiries in relation to the charge before you come into play.”

He pointed out that while the ac- cused was initially charged last Sep- tember, the charge he is currently facing did not come before the court until June.

“The main plank of Mr Casey’s argument is this 1s going on since last September, when he was first charged. That is not the case,” said Inspector Kennedy.

The solicitor said he could not con- sent to an adjournment. He said his client has been in custody for almost a year.

“Now they are only half way through the Book of Evidence. Two months have passed. He is a non- national. He doesn’t have contacts in this country. Bail is proving ex- tremely difficult. How long is a piece of string?” he asked.

“Is the State buying time? Mr Eid is languishing in Limerick prison,” he said.

He said the accused is in ill health and his manner has deteriorated, over the past year.

“It cannot be open-ended. It’s not fair to him. He is innocent until proven guilty,” said Mr Casey.

Judge Leo Malone remanded the accused in custody to appear again in court next week.