This article is from page 22 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 22 JPG
THE executive of Clare County Council was last night accused of pulling a stunt by reversing a deci- sion by councillors to grant planning permission for a one off home to an Ennis businessman in the Burren. CUlr Tommy Brennan (Ind) made the charge during a tense one hour debate at the council’s July meeting. He said that the 27 members of the council who voted in favour of the application from businessman Gerry
Danagher and Cllr Brennan, himself, had been wronged and hoodwinked.
At the council’s June meeting, councillors believed that they had secured planning permission for Mr Danagher to build a home at Bally- cullinan, Corofin after they voted 27- 3 in favour of contravening the Clare County Development Plan.
A planner’s report before members recommended that planning be re- fused on a number of grounds.
However, on the foot of legal advice from county solicitor, John Shaw,
county manager Alec Fleming re- fused planning permission.
Mr Danagher was refused on two grounds. The council ruled that he did not qualify as a local person as he was not born in the area and that the proposal would give rise to a risk of water pollution affecting the qual- ity of the surface waters.
Cllr Brennan said last night that the decision to refuse planning permis- sion to Mr Danagher “defies logic and common justice”.
Mr Shaw said that there was no
evidence in the report he received on the June meeting that the councillors had considered all material issues re- lating to the application that formed part of the planner’s report.
He said that he had been provided with a full record of the meeting and the conclusion was that all material matters were not considered.
Mr Shaw said that proper procedure was not followed in the material con- travention process and any objector could have overturned the decision by way of judicial review.
He said that his advice to the council was based upon the need “to protect this body from a judicial review”.
Cllr Brennan said that the report that Mr Shaw based his legal advice upon was itself based on an incorrect record of what was said at the June meeting.
However, senior council official Michael McNamara said that there was a note taken by a council em- ployee and he stood over that the record of the meeting was accurate.
An animated Cllr Brennan said: “All I want is justice, not vengeance for me, the applicant and council- lors.”
Acting County Manager, Tom Coughlan said notes of the coun- cil official would be provided to Cllr Brennan and that a legal report would be prepared by Mr Shaw on the overall issue.