Month: June 2007

CLARE County Council has been accused of acting outside its pow- ers by imposing a condition that a €25 million housing development not be used as holiday homes but be the permanent homes of the owners concerned.

Last month, Clare County Coun- cil granted planning permission to Paddy Madden, Barry Madden, Jerry O’Sullivan and Paul O’Connell for a 60 home development at Dough, Kil- kee.

However, in granting planning for the homes the council states: “The dwellings shall be occupied as princi- pal placed for permanent residences. In this regard, the developer shall en- ter a legal agreement with the council under the provisions of Section 47 of the Planning and Development Act, 2000. This shall be included in the sales agreement of each dwelling.”

The developers’ planning appeal states: “It is submitted to the board that the zoning provisions do not re- strict the occupancy of houses on the site nor is it stated in any section of the plan that a restrictive occupancy condition will be attached to residen- tial developments in Kilkee…

“It 1s argued that the council have acted ultra vires in attaching such a condition to the grant of permission and in this regard, it is requested that

the board omits the condition.

The developers propose a require- ment to provide 20 per cent of the overall site for permanent occupa- tion, This would necessitate that 12 homes be restricted in use.

The appeal adds: “It is further con- sidered that such a condition would facilitate the integration of different housing needs within the town of Kilkee and would prevent secularisa- tion of holiday and permanent hous- iba

“It is not clear from the plan wheth- er the occupancy condition is to be afforded to all new development in the town. However, if this is the case, then having regard to the extent of residential zoned land in the town relative to projected demand, there will be an over-supply of houses restricted to permanent occupancy Visteon

“If it is case that the condition 1s to be applied in an ad-hoc manner to fu- ture development, such that adequate provision is made to meet projected demand as detailed in the plan, then the proposed development has been unfairly restricted to accommodate 55 per cent of the overall demand.

The developers argued that it would be unreasonable to hold them respon- sible for the future actions of poten- tial house purchasers.

A decision is due on the appeal later this year.

AS ONE political campaign official- ly ended on Thursday, another began in earnest.

The opening of the 30th Dail may have signalled that the General Elec- tion was well and truly over, but for many the campaign had just begun.

Early on Thursday Clare Seanad

hopefuls Cllr Pat Daly (FF) and Cllr Tony Mulcahy (FG) arrived in Dub- lin canvassing for votes and nomina- tions.

This was like shooting fish in a barrel. Almost all of the Seanad members they would need to can- vass would be only one place that day with many of the country’s vote yielding councillors not far behind.

At llam while the newly elected Dail members assembled for Mass, canvassers from all over also assem- bled. In Buswell’s Hotel, Cllr Mulc- ahy had strategically placed himself inside the door, cup of tea in one hand, list of councillors in the other.

He was hoping for a parliamentary nomination having received the nod from Clare Fine Gael.

Cllr Daly arrived soon after. Hav- ing already received a nomination, he was now looking for votes for the Labour Panel.

The assistant to Tony Killeen had already canvassed most of Munster but the Dail seemed the ideal loca- tion before he started moving north.

Then Clare’s only sitting senator, Brendan Daly (FF), met briefly with

his colleagues in the famous political hotel. Senator Daly was also seeking a Seanad nomination before begin- ning his tour of the country canvass- ing votes.

Cllr John Crowe (FG) 1s to date Clare’s only other candidate seeking election to the upper house, having secured a nomination for the Indus- trial and Commercial panel.

just before his name was read into the 30th Dail as a Clare Fine Gael TD he reflected on how he was his own verb

“Sometimes people look at you as walking in your father’s footsteps. It is hard to come out of that shadow as well and develop your own niche. I’ve done that through my work in Clare County Council and I estab- lished my own vote throughout the Ennis area. I got the biggest vote in the Ennis area in the last general election and that was a testament to my hard work and dedication on be- half of the people in the Ennis area in particular,’ he said.

Once on the plinth of Leinster House he was joined by his fiancée Grace and the flash bulbs dazzled.

Fellow Clare TD, Pat Breen (FG), spoke briefly with his new colleague before moving on.

This was Carey’s day, there would be time enough again for the inevi- table political jostling for the lime- bhedaie

This was a day Carey dreamed

about but until the previous day feared he may not see. He had been dogged with a viral illness and had just been discharged from hospital. While other new TDs. arrived with an entourage of supporters and friends, the rest of his family made up his support group including his father Donal who had travelled with

him the night before.

ad AR LUM OOT- TMU ODKMMDOSToM ERIM (oo eI didn’t know whether I would be able to come or even a few days ago so thanks be to God I’m able to be here today and put my best foot forward and the business starts today.

“Given that I wasn’t in great health I didn’t go about organising a big

razzmatazz entrance to the Dail. Over the coming months I will be organising such a visit for my sup- porters, friends and family to come to Dail Eireann,” he explained.

“T am delighted to be here today. God gave me the strength to be here today and I am very grateful for that.

“T really am looking forward to it. It is a new challenge and I have the energy ability and drive to work at this for the people of County Clare,” he said.

In his early thirties he believes youth is on his side and will be a ereat advantage in working as a TD as will the support and knowledge of VELA slow

“It 1s something we spoke about all right and he will be of great help to me over the coming months and years,” he said.

“I always thought about Dail Eir- eann and representing people. It is a lifetime ambition that I have achieved and it really is a humbling experience,’ he added, explaining that the hours and years he saw his father dedicate to the life did not put him off.

Deputy Carey was visibly subdued, tired and slightly scarred by the ill- ness of the last ten days but was de- termined to be there for the historic opening of the 30th Dail.

Questions or comments that would normally spark the young TD into a familiar, belly laugh and a vigor- ous response were now receiving a knowing smile and a softly spoken, considered, short response.

He was tired but grateful to be there. The celebrations would wait.

A 15-YEAR-OLD boy who has cre- ated fear in the community in Shan- non has been sentenced to two years of detention.

The boy pleaded guilty to several charges including damaging a car, entering various premises as a tres- passer and stealing property.

He admitted entering the Shannon Knights pub as a trespasser and steal- ing alcohol and crisps last October. On another occasion, he entered the Same premises and stole five bottles of vodka and three cans of red bull.

He also admitted stealing €40 in cash from a house 1n Shannon in No- vember and stealing a mobile phone from Texaco, Shannon, on Septem- ber 28 last.

The boy was released on bail in April after a court heard that a team of professionals concluded that he should be put back into the commu- nity under a strict regime.

On that occasion his solicitor Eileen Whelan pointed out that the boy had been “caught on time” and she ex- pressed hope that he would “turn out to be a decent citizen”.

She said he had spent two months

in custody and the experience fright- ened him. ‘“He’s got the sharp shock that he needed,” she told the court in April. She said he was using drugs and al- cohol at the time of the offences. The boy was granted bail with con- ditions attached. However, he was brought before the court again after he came to the notice of gardai. Shannon District Court was told on Thursday that the boy re-offended one week after he was allowed out into the community on bail. Defending solicitor, Eileen Whelan, said her client was pleading guilty to

a number of offences.

‘He has been in custody for the last five weeks. He wants this mat- ter to be dealt with today. He is well aware of what he has done. The time in custody has benefited him,’ said Ms Whelan.

‘He is well aware he has caused a fear in the community as a result of his behaviour. He wants to deal with his actions,’ she said.

Judge Joseph Mangan imposed a two year detention sentence on the boy and fixed a bond in the event of an appeal. He refused a request to backdate the sentence to May.

EIGHT Clare bed and breakfast busi- nesses feature in a prestigious new cuide to Irish golfing holidays.

Capitalising on the legacy of the Ryder Cup, Tourism Ireland and the Town and Country Homes Associa- tion have joined forces to produce the special all island B&B/Golfing Guide.

The new publication features over 100 B&B’s which were selected by the B&B Association from its large membership, because of the proprie- tors’ strong interest in golf and active involvement with a local golf club.

The guide highlights the wonderful courses which Clare has to offer in- cluding Lahinch Castle Course.

“The stunning west coast is blessed with a diverse range of links and parkland courses, all of which reflect the great traditions of the game’, a spokesman for the producers of the eabaTelemre BCG

“And as the guide suggests the west’s spectacular coastal landscape has provided a perfect canvas for some of the most imaginative golf course architects the game has pro- duced,” he added.

The B&B golf connection means that visitors can tap into a wealth of local knowledge where B&B owners can give them the “inside” knowl- edge of local golf courses, organise

tee-times or discounts or perhaps even join in a game themselves. The brochure is ideal for the less experienced golfing traveller as it includes not only the more difficult,

more prestigious courses, but also the many great value and less well known gems. The new B&B golfing brochure has been distributed to over 55,000 subscribers of Golf World

and Today’s Golfer.

According to Tourism Ireland, golf holidays offer huge untapped busi- ness potential. “Ireland has over 440 golf courses, more per head of popu-

lation than any other golfing destina- tion, added to which the country en- joys more than a third of the world’s true links seaside golf courses.

“There are 60 million golfers in the world, and the sport continues to grow in popularity with many couples, and active newly retired people taking up the game. While this brochure caters for all levels of golfers, it 1s ideal for these beginners and improvers, many of whom may never have played out- side of their own country,’ said John Greene, head of regional marketing, Tourism Ireland.

Speaking at the launch of the guide, Alan Hill, CEO, Town and Country Homes Association said, ““The B&B sector is about to undergo a most 1m- portant transformation. In partner- ship, we will begin to redefine what has made this very Irish accommoda- tion option unique around the world.

‘The impact of this process will be to present today’s busy and demand- ing global traveller with renewed Opportunities to stay in an approved Irish home. This golfing B&B bro- chure and supporting direct mar- keting initiative gives us a glimpse of the next generation of successful B&B operations – customer focused, committed to high standards and spreading high yielding business into principally rural parts of the island”.

A CLARE County Council policy that results in Ennis losing out on 150 jobs and a €50 million investment appears, at first glance, bizarre.

A little known document, the Coun- ty Clare Retail Strategy 2003-11, has concluded that there is only capacity for one retail park on the southern fringes of Ennis.

This has now been endorsed by a consultant’s report commissioned by the council which has led to plan- ning permission being refused to Ennis businessmen Sean Lyne and Noel Connellan for a retail park on

the Quin Road and confers a mas- sive advantage on Galway investor Stephen Harris to develop a 48 acre land bank at Skehanagh adjoining the Ennis bypass.

The stakes are massive. Harris and his backers spent €18.5 million pur- chasing their land from local man JJ McCabe and while it is not known how much Lyne-Connellan spent on the Quin Road proposal, the overall cost would be be substantial.

The two local businessmen lodged their plans before Harris last summer and believed they were ahead in the race to secure planning.

The sparring continued with Har-

ris lodging a submission against the Lyne-Connellan proposal and the Clare developers responding by ex- pressing their own reservations over the Harris plan.

It is not known if either party were aware that the council commissioned consultants to adjudicate on the sus- tainability of either proposal.

Either way the outcome highlights the council’s contradictory policy moves on job creation in Ennis against a background of the town’s industrial base contracting year on year.

Why, for instance, did councillors Zone so much land for commercial

development on the fringes of the town in the Ennis and Environs De- velopment Plan 2003 when a separate council document, the Clare Retail Strategy, concluded there was room for only retail park south of Ennis?

Should the market be allowed de- cide how many retail parks can be accommodated without a document such as the retail strategy there to limit development? Or is the council correct in adhering to a retail strat- egy in order to preserve businesses 1n the core town area?

However, it is not plain sailing for the Harris proposal either. If the same criteria which rejected the

Lyne-Connellan proposal were to apply, the council would also rule that the Harris plan was premature pending the completion of the flood risk study and the absence of an inte- erated sewerage design scheme.

The Galway developer has also to address the issue of the protected Marsh Fritillary butterfly on the site.

Harris must lodge his response to council concerns — including the fate of the Marsh Fritillary — by the middle of next month otherwise new plans will have to be lodged.

It is very much “advantage Har- ris’ but there are bound to be further twists and turns in this scramble yet.

THE developers of the €50 million retail park planned for the Quin Road in Ennis were last night refusing to confirm if they are to appeal Clare County Council’s decision to appeal to An Bord Pleanala.

A spokesman for Sean Lyne and Noel Connellan would only say that the two are “examining the deci- sion’.

Ennis Chamber of Commerce chief executive Rita McInerney said the chamber was keen that any retail park be near the town to offer ben- efits in terms of linkages to the town

centre.

She said she would have to examine the reasons behind the refusal before making a definitive statement on the olor teee

The council decision ensures that the local authority will miss out on a development levy bonanza in excess of <1 million through planning con- Wm le)ULBlOeKe The proposal is the second retail development to have fallen foul of planning hurdles in the past eight rneLeye la etse Last October, a plan by Michael Lynch Ltd to develop a €50 mil- lion retail park at Clonroadmore that would create 250 jobs was turned down in a comprehensive ruling de- livered by An Bord Pleanala. The Lyne-Connellan consortium will need to make a decision quickly in relation to an appeal as it will be contesting the council’s decision on eight separate grounds. They have four weeks within which to lodge their appeal to An Bord Pleanala. The appeal could take up to eight peeve etse The decision is a setback for the two who are currently the prime resi- dential developers in the greater En- nis area through their company CLS Crystal Partners.

LOCATION ~~ Location Carrig Maleady, Ennis, have a modern three bedroom semi-detached house on their books, at Ard Caoin off the Galway Road, guiding at €269,000. Ard Caoin 1s an attractive new de- velopment located adjacent to the Auburn Lodge Leisure Centre, and is only a short distance from Ennis town centre and all of it amenities. This three bed semi-detached prop- erty is presented for sale in impec- cable condition and would make an ideal buy-to-let property, as all of the contents are included in the sale. Features include, modern décor throughout, gas fired central heating, fully fitted contemporary ivory col- oured kitchen units, three bedrooms, one of which is en-suite, a south fac-

ing landscaped rear garden, with a patio area and there’s a Barna shed included in the sale.

The accommodation on the ground floor comprises an entrance hall with understairs storage, a guest WC, a good sized sitting room with bay window and attractive pine surround fireplace with black granite insert. The kitchen dining area is bright and very smart, with integrated applianc- es and attractive wall and base units.

Upstairs, the landing incorporates a hot press with immersion and shelving. Also on this level are three bedrooms, including the master bed- room which is en-suite and the fam- ily bathroom is also on this level.

GLEANN Bhreandain, a develop- ment of three and four-bedroom homes in Lisdoonvarna, comes to the market with the benefit of Section 23 relief and rental guarantee for five- years for investors.

The development is of a high qual- ity design and layout and is divided into two clusters of 14 and 15 houses. SOTA eMC LUr-VOUR Yam eer-I cou rcDicMECLbCe) omc K MN OTL ce ural slate, timber windows, cedar timber and stone cladding have been UEoxO

The scheme represents good value for money with the first phase of Sec-

tion 23 type holiday houses being re- leased at €345,000 excluding VAT. These homes come fully furnished and include five-years guaranteed rent of €9,500 per annum.

A second house type targeted at owner occupiers will also be re- leased, with prices starting from €235,000 inclusive of VAT.

Throughout Gleann Bhreandain a high standard of landscaping can be found and there is direct access to green roads for walking and cycling, safe from disturbance by vehicular traffic in the town environs.

The development is located in the very popular town of Lisdoonvarna

– Ireland’s only Spa Town. The town prides itself in the amenities it offers to residents and tourists alike, includ- ing 100 acres of public amenity lands with facilities such as a town park for walking, playgrounds and creche fa- cilities together with the famous Spa and Health Centre.

The new houses at Gleann Bhrean- dain were launched at the beginning of the month jointly by Toureen Es- tates and Costelloe Estate Agents.

AN assertion by Patrick O’Dwyer’s mother that he had no control over his actions when he killed his sister was disputed by the trial judge.

Mr Justice Paul Carney reflected on Claire O’Dwyer’s Victim Impact Statement, at the sentence hearing in the Central Criminal Court in Dub- lin yesterday.

“Mrs O’Dwyer has said that Patrick had no control over the events that

happened that night. If that were the Situation, he’d be entitled to an ac- quittal on the grounds of insanity,” said Mr Justice Carney.

“Diminished responsibility is ex- actly what it says. It reduces your responsibility. It doesn’t extinguish it,’ he said.

“In my view you still bear respon- sibility for this savage killing,” said the judge, in reference to a case in the UK, where the defence of diminished responsibility was utilised.

“It is obviously a particularly tragic case. It’s something that happened within a family but it’s not a family law case. There is very live public in- terest in it,” he said.

“If people go out and behave as this man did one morning they wake up facing either a rape or a homicide tbe exen

“Everybody must have great sym- pathy for the family in this case,” he rae

He said he was taking into account

the remorse expressed by O’Dwyer and that he had no previous convic- tions.

“IT am ruling out a suspended sen- tence. It’s far too grave and serious for that,” said the judge.

He imposed a six-year jail term, backdated to November 30, 2004, when the accused went into custody.

“In view of the fact that this is the first case arising from diminished re- sponsibility, I am granting a certifi- cate of leave to appeal,’ he said.

He refused a request to suspend a portion of the sentence.

Earlier, O’Dwyer’s defence barris- ter Patrick Gageby, SC, said the kill- ing was “not a premeditated crime.”

Consultant psychiatrist Dr Paul O’Connell — who gave evidence dur- ing the trial – told the court yester- day there was a noted improvement in O’Dwyer’s mental health since he started taking Lamotrigine, a mood regulating medication last year.

He said O’Dwyer had participat- ed in group therapy and a cookery course in Wheatfield prison.

‘He is making progress, better than I anticipated,” he said.

He said, however, that his disorders would require “a lifetime manage- ment”.

He said the absence of intoxicant use would be an “absolute require- ment” in the future reintegration of O’ Dwyer into the community.