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Zoning changes could set dangerous precedent

This article is from page 28 of the 2008-07-15 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 28 JPG

LOBBYING of councillors by three Ennis-based companies has resulted in Clare County Council reversing rezonings that would have wiped millions of euro off the value of the companies’ lands.

However, planners have warned that by reversing one of the proposed rezonings the council could, in the future, be open to compensation claims over flood damage.

The draft Ennis plan is due to go on

public display next week. An earlier draft of the plan, circulated to coun- cillors in recent weeks, showed that lands owned by Michael Lynch Ltd, Tom Hogan Motors Ltd and T Sheils and Co Ltd had inferior zonings.

The businesses involved scrambled to lobby councillors ahead of a series of meetings behind closed doors. The draft put before the July meeting of Ennis Town Council yesterday shows that they have been successful.

Last year, Tom Hogan Motors Ltd paid in excess of €10 million for

an eight acre site incorporating the One Mile Inn on the Lahinch Road in Ennis. That was zoned “local cen- tre” in the 2003 Ennis Development Plan, conferring on it the ability “to sustain and strengthen the area as a centre of commercial, retail, cultural and community life’.

However, in the new draft Ennis plan, planning officials removed that zoning and instead moved to have a large proportion of the site rezoned to “open space” and “flood risk” with the remainder zoned “commercial”.

In recommending that the flood risk zoning remain, a report put be- fore the meeting yesterday stated: ‘The portion of the site to the south of the property is known to be a flood risk area for which photographic evi- dence of winter flooding exists.

“It is strongly recommended that the lands should be zoned as per the draft development plan to protect the council against any future claims.”

But the councillors countered that flooding problems “due to blocked drains during by-pass construction

(are) now resolved. Flood risk on site should be determined by experts at time of any planning application.”

The councillors also ruled that the Michael Lynch and Co Ltd site near St Flannan’s roundabout should re- tain its “Proposal Site” status. Plan- ners had sought to rezone the site to “other settlement land” and “residen- tial” to protect the amenities of adja- cent properties.

Councillors also ordered that “com- mercial” zoning be reinstated on the site owned by T Sheils and Co.

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