This article is from page 8 of the 2012-12-11 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 8 JPG
AN Bórd Pleanála has determined that issues raised with it regarding a contentious wall across a contested right of way have been dealt with previously.
James McNulty had asked the planning appeals board if development works (between the period 20042008) from the end of the public road L61041 across Doonbeg Golf Course to the public beach at Doughmore Bay, Carrowmore, Doonbeg, including the closure obstruction of the established public right of way to Doughmore Beach and the movement and alteration to the natural line of the public vehicular right of way at this location was considered development.
In his submission, the Cree man said he requested a declaration on the question from Clare County Council but had received no declaration.
An Bórd Pleanála concluded that the question being asked had already been dealt with and adjudicated on previously. The report said, due to “the evidence of the site inspection by the Board’s Inspector, where no works are apparent, it is considered that the substance of the case have already been determined and any further question has not been clearly articulated to enable the formulation of a determination.
“In deciding not to request further clarity in the matter, the Board considered that the substantive matter regarding previous works have already been dealt with,” it concluded.
A decision was made in May 2010, to a previous submission on the issue by Mr McNulty along with Theresa McNamara of Ballykeelaun House, Parteen. They appealed against a decision by Clare County Council to grant subject to conditions permission to Doonbeg Golf Club Limited for a development comprising retention of a gravel path, a dry stone retaining wall along a section of boundary between the golf course property and a neighbouring property, and the alteration of ground levels over an area of 300 square metres on the golf course to the west of the dry stone retaining wall.
At the time, An Bórd Pleanála upheld the local authority’s decision regarding that gravel path but refused permission for the retention on the contentious “dry stone retaining wall”.
“It is policy of the planning authority, as set out in the West Clare Local Area Plan 2009, to protect public rights-of-way and to keep them free from obstruction. This policy is considered to be reasonable,” the board said in May last year.