Category: News

THE CLARE County Council decision to extinguish a public right of way across one of the fairways on Doonbeg Golf Club has been upheld by the High Court.

The order was made by Mr Justice Peter Charleton on Thursday last, when he dismissed a bid to quash the extinguishment of the right of way, citing the fact that the application was brought outside the legal time limits.

The judge pointed out that under court rules, an application for judicial review must be made within a maximum six months, unless there are good reasons shown to extend the time. No good reason was shown in this case, he said.

The challenge to the extinguishment of the right of way across the course was taken by James McNulty, Ballingun West, Kilrush, who said he was dismayed the local authority would extinguish a right of way to a place of natural beauty.

In his court challenge, Mr McNulty also said that the council had acted beyond its powers in this decision, and that it breached legislation on grounds including that an oral hearing relating to the proposal lacked fair procedure.

Clare County Council voted by 223 in September, 2009 in favour of extinguishing the right of way, which meant the public could no longer walk across the fourth and 14th fairways. The decision provided for an alternative right of way nearby. The plan also involved the golf club constructing a car park to be used predominantly by surfers.

Mr Justice Charleton said Mr McNulty focused on the fairness of a public hearing held by the council in October 2008 concerning its proposal to set up an alternative right of way.

While that hearing was chaired by an independent planning official, Mr McNulty had concerns the county council’s solicitor advised the inspector on legal procedures during the course of the hearing and claimed that tainted the fairness of the hearing.

Mr McNulty also argued the council’s proposal to extinguish the right of way in favour of a private arrangement between it and the golf club was outside the local authority’s powers.

SINCE 2006, planning applications for large residential and commercial schemes in Ennis have been refused because of inadequate capacity in the public sewer, a meeting has heard.

The comment was made by Andrew Hersey, Executive Planner with Ennis Town Council, at an An Bord Pleanála oral hearing in Ennis on Thursday.

The hearing was held to examine information submitted to the Board by Clare County Council in relation to a proposed upgrade of the Clondroadmore Wastewater Treatment Plant (WWTP) in Ennis.

In his submission as a representative of the planning authority, Mr Hersey recommended to the board that permission be granted to the proposed development.

He explains that the plant, which has been in operation since the 1970s, has a design capacity for a population equivalent (PE) of 17, 000 and its cur rent loading is circa 26, 000 (PE).

He added, “There is therefore a shor tfall of treatment capacity. I note that in order to comply with conditions for a discharge authorisation license as issued by the EPA, it is necessary that the capacity be increased.”

Mr Hersey states that Ennis is designated as a hub town in the National Spatial Strategy 2002-2020.

He states that the strategy identifies three levels of capital invest ment in hub towns, “the highest priority being investment in water, wastewater and road infrastructure”.

Mr Hersey explains that while public water has been upgraded through the opening of the Dr umcliff water treatment facility and the road infrastructure has been upgraded with the Ennis bypass, “There has been no investment in wastewater infrastructure to date.”

Mr Hersey states that the population of Ennis is expected to grow to approximately 33, 000 by 2022, an increase on the cur rent population of 8,747 persons.

He adds, “At present there is not the capacity on the sewerage system of the town to facilitate the delivery of growth.”

The submission continues, “Since 2006 planning applications for large residential and commercial schemes have been refused in the basis of inadequate capacity in the public sewer and prematurity pending the provision of sewerage facili ties in the town.

“This cannot be the case into the future as the town cannot grow and reach its target population projections as planned until this wastewater treatment plant is upgraded.”

Describing the proposed upgrade as an “essential component of this town’s infrastructure”, Mr Hersey states, “Without it, future development in the town will stagnate and the success of the town as a hub town for the mid-west region will ultimately fail.”

KILRUSH Town Council is to make an application to the Department of Sport for over € 1 million in funding to build a new state of the art multiuse sports facility in the West Clare capital.

The development has been earmarked for Gallery Park on the Cooraclare Road, after the conclusion of negotiations between the local the authority, the ESB and the Department of Education.

“Grant aid of up to 95 per cent is available in some areas,” Kilrush Town Manager Nora Kaye told The Clare People this week.

“I think that the grant aid applicable to this case is in the region of 85 per cent. A very cost initial estimate for the entire development would be € 1.3m,” she added.

The proposed facility will include a full-size GAA pitch, two full-size training pitches, upgrade of the tennis and basketball courts, an astroturf pitch as well as dressing rooms, playground, car parking and ancillary facilities.

It is hoped that the grant will be announced in September 2011, follow- ing which construction of the first phase will commence.

“This is a fantastic opportunity for the people of Kilrush. We have waited a long time to see progress in relation to sporting with regard to the availability of land for these facilities,” said new Mayor of Kilrush Cllr Ian Lynch.

“Discussions have been held with the various sporting organisations and they are all on board with these proposals,” he added.

Kilrush town clerk John Corry said that the proposed sports complex delivers a much needed development in the town and it will provide ‘something for everyone’.

“People of all ages will be encouraged to participate in the various sports and exercise options and the completed facility will not only add to the competitive sports activities in the area but will be there to encourage people to become more active in their daily lives.

“The development of the facility will also mean that there will be employment opportunities during the construction stages and this is a welcome boost for the local economy,” added Mr Corry.

SECTIONS of the Ennis and Clarecastle sewer network will be upgraded and extended in parallel with a proposed development at the Clondroadmore Wastewater Treatment Plant (WWTP), a meeting has heard.

David Timlin, Director of Environment and Water Services with Clare County Council, told an oral hearing in Ennis that money is available for the works.

It follows concerns raised at the hearing by Senior Inspector with An Bord Pleanála, Mary Kennelly and Board representative, David Kelly.

The board had sought clarification from the Council regarding the intended upgrading works for the wastewater collection system in Ennis.

In his response read out at the hearing, Thomas McKeown, associate partner with JB Barry and Partner’s Consultant Engineers, said reports in 2002 and 2011 had “identified the requirement for sewer structural rehabilitation and for upgrading and extension of the wastewater collection system in Ennis and Clarecastle”.

The Ennis Clarecastle Main Drainage Preliminary Report Addendum (July 2011) states, “It is recommended that sewer rehabilitation and sur- face water separate works be carried out in order to maximise the capacity and extend the design life of existing and upgraded wastewater treatment infrastructure, to reduce the energy costs associated with pump station operation and to provide adequate infrastructure for future development”.

Mr McKeown explained that work carried out by the Office of Public Works (OPW) on the River Fergus certified drainage scheme (phases one and two) will “assist towards the objective of reducing the surface water component in the combined sewer network and reducing the hydraulic load to the waste water treat- ment facilities for the town”.

He continued, “This will also reduce the constituent volume of storm water entering the Clonroadmore treatment plant and will reduce periods of overflow.”

Mr McKeown explained that the “preliminary report addendum 2011 includes a recommendation for foul and surface water sewer rehabilitation in Ennis at an estimated cost of € 1.89 million excluding VAT.”

Both Ms Kennelly and Mr Kelly expressed concern over the implications of funding not being available for the sewer network upgrade.

Mr Kelly said the board had to establish if the Council could meet water surface regulations in the absence of funding for the wastewater collection system in Ennis and Clarecastle.

Mr Timlin told the hearing that the funding is in place and that the Council had already identified the “highest priority” sewer network areas in Ennis.

Responding to a question from Ms Kelly, Mr Timlin said, “Clare County Council will fund this work if necessary. It will be done in parallel with the Clonroadmore upgrade.”

Ms Kelly told the hearing that completion of the sewer upgrade works could be attached as planning condition to the Clonroadmore project.

THE MUSIC at the Feakle trad festival will be silenced for a time this week, as a mark of respect for a visiting group from Olso who put aside the trauma of mass murder to come and play in Clare.

An organised silence is planned during the festival and Clare County Council will open its offices on Saturday to allow the visiting musicians to see the book of condolences.

And it has emerged that a group of young East Clare musicians narrowly avoided beiung at the heart of the dreadful massacre.

The East Clare youth traditional music group and their leaders and helpers were just back from an exchange visit to Oslo when Anders Behring Breivik went on his killing rampage.

Speaking from Oslo as the group of young people prepared for their trip to Ireland last night, leader, Thor Hauknes, said that they have been deeply shocked and traumatised by the events, but were dertermined to come to Clare nonetheless.

“It is terrible and everyone is very shocked. Thankfully, none of the group were directly involved but one of them works very close to the building that was bombed but she was not there at the time. My daughter, Solveig, her friend was killed. She was a fiddle player and they had played fiddle since she was nine years old.”

Thor said that the long-planned trip to Clare will be part of the healing process for the youngsters.

“This youth exchange, getting to know other young people in Europe and learning about the music of Clare, that is so important. That is what it is about,” he told The Clare People.

The exchange between the young people from Norway and the music students from Clare is funded by the Leargas Youth In Action prgramme. 28 Clare youngsters and twenty leaders and helpers had just returned from a trip to Oslo when atrocity struck.

Music Teacher, Mary McNamara, said that everyone involved “was so shocked when we heard about it. (the murders). I can’t tell how wonderful the people in Oslo were to us and what a fantastic trip it was. It’s chilling to think of what happened and to think that but for the timing, our students could have been there.”

A period of silence is planned during the festival as a mark of respect and Mayor of Clare, Pat Hayes has organised to be at thecouncil offices to welcome the Oslo musicians and show them the book.

The young musicians, who are aged between 15 and 21, will learn about the East Clare style at classes during the week and will take part in a joint youth concert with Clare musicians on Thursday night.

“They will stay with the Clare musicians in a group as we did in Oslo. That’s the point of the exchange. As well as learning music, they live together, eat together and get to know each other,” Mary explained.

A 10-YEAR-OLD Kilrush boy who suffered serious burn injuries five years ago will lead out Ireland at the Aviva Stadium next week.

Kyle Carmody and his brother Evan (11) will be flag bearers when Giovanni Trappattoni’s side take on Croatia in an international friendly in Dublin on August 10.

Their appearance alongside the boys in green is the result of the family’s association with Our Lady’s Children’s Hospital, Crumlin.

From November 2006 to January 2007, Kyle spent three months receiving treatment for burns he suffered when his pyjamas caught fire at the family home.

Dad Flan explained that the incident is thought to have occurred when Kyle threw an item into the ashes of a fire and then went to retrieve it. Kyle suffered burns to 12 per cent of his body. “It’s one thing that we’ll never forget,” said Flan last week.

After receiving what Flan described as “top class treatment” from the staff at Our Lady’s Children’s Hospital, Kyle, a student at Gaelscoil Uí Choimin, Kilrush, made a full recovery.

Flan said, “He’s doing well now. He’s into all sports, swimming everything. They are very big into skateboarding at the moment.”

The incident resulted in Flan starting an annual five-mile charity walk around Kilrush in aid of the hospital. Last year the event raised € 6,250 while in May, the second annual walk and cycle raised € 9,222.

Flan had hoped to invite former Ireland goalkeeper Packie Bonner to Kilrush for the event but the Donegal native was unable to attend.

He added, “Anne Moody from Hen- ry Street in Kilrush knows Richard Fahey [director] from the FAI. Bonner had to go to Scotland that same weekend so they asked if Kyle would be interested in being a flag bearer. He and his brother could carry the flag between them.”

Flan said the family are looking forward to their big day on the international stage. “They are thrilled to bits. It’s a huge honour for the family and to get to meet the Irish team will be great.”

Flan thanked all cyclists who helped raised money for Crumlin at the May fundraiser. He also thanked all local businesses that supported the event.

MOVES are being made to have a tangible tribute to mark the contribution made by the late Dr Brendan O’Regan to the aiport and the Shannon region.

Speaking about the year in which Shannon College of Hotel Management is celebrating its 60th birthday, the director, Philip J Smyth, said that it is fitting that some tribute be put in place for the man creditied with the creation of the free zone and duty free.

Now the Mayor of Shannon, Mary Brennan, intends to bring a proposal to the town council to have some landmark which will bear Dr O’Regan’s name.

The Shannon College was founded by Dr O’Regan in 1951. Mr Smyth said that in facing current financial challenges, Dr O’Regan’s vision is an inspiration which can be brought to bear.

“His entrepreneur’s spirit is exactly what is needed now. He had incredible dynamic and vision. He gave the world duty free shops, the Shannon free zone and developed the airport and then there’s our own jewel in the crown in terms of educating the hoteliers of tomorrow. It is fitting that some tribute be paid now, whether it be a statue or a road named after him or whatever,” the director said.

When contacted by The Clare People , Mayor Brennan said she would “certainly support such a suggestion. Dr O’Regan brought so much to the Shannon region. He had such foresight and brought industry and jobs here. That kind of commitment cannot be ignored.”

Mayor Brennan said that she feels that erecting a plaque or naming a road after Dr O’Regan would “be a more practical proposal than erecting a statue, given current finances. But I will be bringing a motion to the September meeting of the Shannon Town Council to that effect and I’ll speak to other members in the meantime. I’m sure my fellow councillors will support it. We owe a great deal to Dr O’Regan and the tremendous things he did here.”

Once passed by Shannon Town Council, the plan will have to go before a full meeting of Clare County Council for approval and help with funding.

ANY takers out there for one of the most famous houses in the county – probably the most famous in fact as it’s the cottage belonging to the ‘Wise Woman of Clare’ who was said to have put a curse on the Banner’s senior hurlers.

It’s Biddy Early’s cottage in Feakle that’s been put on the market for € 75,000 by its owner – well known solicitor Billy Loughnane.

“I spent many years back in the 70’s restoring the cottage,” revealed Loughnane, “but that couldn’t last forever and it fell into disrepair again. I had sought State funding to develop it but no one was interested.

“I would be absolutely delighted if someone could take over the cottage — it needs a new energy. I’d only be happy though if whoever did take it over did so for the right reasons and actually has a real feel for who Biddy Early really was,” he added.

The Ennis and Scariff-based solicitor acquired the cottage from his fa- ther, Dr Bill Loughnane, who served as a TD from 1969 until the time of his death in 1982.

Loughnane Snr had bought the house form local man Jim Fitzgerald in the 1960s.

Biddy Early lived a colourful life, winning fame as noted herbalist and healer in the 19th century while she married four times, while after her death in a local priest remarked, “we thought we had a demon amongst us in poor Biddy Early, but we had a saint, and we did not know it”.

Legend had it that while she was on her deathbed the 76-year-old ordered that her famous ‘Blue Bottle’ that carried her healing remedies to be Carter’s Lough, which the her cottage overlooked.

Legend also had it that she placed a curse on the Clare hurling team, but Biddy Early historian Eddie Lenihan says “she was a good woman and there was no curse, because she was dead ten years before the GAA was founded. She was a woman who healed people ”.

AN EAST Clare businessman has flown to the rescue of a teenager whose beloved birds were stolen.

Sean Kavanagh (15) from Clonlara was heartbroken when he went to feed his exotic birds last week, only to find that thieves had ripped out the wire on his backyard aviary and stolen them.

The Clonlara teen had worked tirelessly, cutting grass and washing neighbours’ cars and windows to earn the money to get set up in his hobby, only to have the birds stolen within days of him buying them.

When Paul Hogan, owner of the ‘Crocodile Dundee’ animal business in Ardnacrusha heard about the theft, he wanted to help.

“I got in contact with him and I was very impressed with him. He’s a lovely, genuine lad and he worked like mad to buy those birds. Some youngsters get eveything handed to them on a plate, but he worked for it. I thought it was terrible, what happened to him,” Mr Hogan told The Clare People. Paul Hogan runs Crocodile Dundee, a dog grooming service, school and kennels but he also has a mobile pet shop and has been selling and dealing with exotic birds for years.

“I wanted to do something to help Sean. I know what it’s like to have such an interest and attachment to birds,” he said.

Paul has made Sean a present of a pair of colourful cockatiels as well as some finches and canaries to fill his aviary with song once again.

“I just want to say a big thanks to Paul. It means so much, what he did,” Kavanagh told The Clare People

THE proposed upgrade of the Clondroadmore Wastewater Treatment Plant (WWTP) will not give rise to sustained periods of elevated noise levels, a report has found.

Dermot Moloney, principal acoustic consultant at Moloney and Associates, was speaking at An Bord Pleanála’s oral hearing into Clare County Council’s application to upgrade the Clonroadmore WWTP.

In his report, Mr Moloney states that there may be “short intervals during the upgrading works at the WWTP when construction activities results in elevated noise levels. However, these occasions are likely to be infrequent and short-lived.”

Under the heading ‘Likely Environmental Noise Impacts’ Mr Moloney states, “The Fergus Manor housing estate is located on the western side of the railway line approximately 48 metres from the WWTP intake works.”

He added, “The design of the new treatment works has taken into account the proximity of this housing. To this extent the design ensures that any new treatment elements or unit processes are not located any closer to the existing housing development. Thus the proposed upgrade will be contained entirely within the boundary of the existing WWTP site.”

In conclusion, Mr Moloney states, “It is recommended that the final design and the operation of the pro- posed WWTP should proceed with due regard to the need to mitigate noise emissions. This is particularly required to ensure that the surface aerators do not give rise to excessive noise during night time.”

Ecologist Brian Madden, of Biosphere Environmental Services, also spoke at the hearing. Mr Madden said that he carried out a walkover survey of the Clondroadmore plant in 2009.

He said that within the site there are no habitats that could be considered to have a conservation value. He said that the site could be improved by sensible planning. Mr Madden said scrub habitat within the site could be removed, providing this was done outside of the bird-nesting season.