This article is from page 22 of the 2008-07-08 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 22 JPG
A MOVE by members of Clare County Council to force through a contentious planning permission for an Ennis businessman seeking to build one-off house in the Burren SERENE Coe
Councilors believed that they had secured planning permission for Gerry Danagher to build a home at Bally- cullinan, Corofin after they voted 27 in favour and 3 against contra- vening the Clare Coun- ty Development Plan at WeCoJDMM LUN ComselerelBE Ite
A planner’s report be- fore members recom- mended that planning be refused on a number of grounds.
It was the first time since 1983 that council- lors had invoked special powers in the planning area by tabling a sec- tion 140 motion directing the county manager, Alec Fleming to grant planning permission.
It was also the first time that the councillors had overturned the coun- cil’s own “locals-only” rule that was introduced in 1999 to grant an indi- vidual planning permission.
However, Mr Fleming has refused planning permission to Mr Danagher after securing legal advice.
Prior to voting on the planning ap- plication at the meeting, the members did not deal with the recommended
reasons for refusal. That is believed to form the legal basis for the vote not resulting in Mr Danagher secur- ing planning permission.
At the meeting, Mr Fleming said that by tabling a section 140 motion, the members took over the manag-
er’s duty in a planning case “and when you do that, you take over all the responsibility”.
Mr Danagher has now been refused on two erounds. The council has ruled that he does not comply with the policies of the Clare County Development Plan; because he was not born in the area he does not qualify as a local person.
As a result, the coun- cil ruled that the pro- posal would materially
contravene the objec- tives of the 2005-11 Clare County Development Plan.
Furthermore the council was con- cerned that the proposal would give rise to arisk of water pollution affect- ing the quality of the surface waters. As aresult the proposal was contrary to public health and the amenities of the area.
The councillor who proposed the material contravention at the meet- ing, Cllr Tommy Brennan (Ind), said yesterday that he was disappointed with the refusal.