This article is from page 18 of the 2012-06-12 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 18 JPG
THE Clare County Manager is expected to seek further legal advice after a majority of councillors voted in favour of a controversial re-zoning of land in Quin.
An amendment to the South Clare Area Local Plan (2012-2018) that calls for a four-acre site near Malachy’s Pub in Quin to be zoned residential was yesterday adopted at a meeting of Clare County Council.
26 members voted in favour of the re-zoning, two councillors, PJ Kelly (FF) and Bill Chambers (FF), abstained while one councillor, Patricia McCarthy, voted to leave the site as is, as recommended in the Manager’s Report.
County Manager Tom Coughlan had earlier told councillors that he had received “clear and categorical” legal advice from the council’s solicitor, the Department of the Environment and the National Parks and Wildlife Service (NPWS) that any re-zoning would contravene an environmental habitats directive concerning the presence of the lesser horseshoe bat. He said, “The legal advice is that this decision should not be implemented.”
Director of Service Gerard Dollard said, “The legal advice is clear cut and black and white and is supported by a High Court case.”
Mr Dollard told the meeting that if the amendment passed, the Council Executive reserved the right to review the decision.
Supporters of the amendment had cited a report prepared by bat expert Conor Kelleher of Aardwolf Wildlife Surveys, that claimed the cave and bat roost at the Pollnagordan Cave Special Area of Conservation (SAC) could be protected by appropriate mitigation measures and assessment.
Quin councillor Sonny Scanlan (FG) said it was unfair that with the “stroke of a pen the council can come along and wipe this thing of the map”.
Cllr Pat Daly (FF) said there were “high stakes” for the landowners involved. He cited the example of a bat house built near Ballykilty Manor that had not attracted any bats.
Cllr Tony Mulqueen (FG) said, “At this stage we seem to have more rights given to bats than to people.”
Cllr Patricia McCarthy (Ind) said she did not support the amendment due to the nature of the legal advice.