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Tag Archives: An Bord Pleanála

High Court hearing on Killaloe bypass

AN environmentalist has been refused leave to appeal against the rejection of his legal challenge to a grant of permission for a 2km bypass around Killaloe in South East Clare. Peter Sweetman, and an environmental protection company, The Swans and the Snails Ltd, claimed the project, including construction of a 170 metre bridge over the River Shannon, would result in irreversible destruction of a woodlands habitat. The habitat, an alluvial wet willow-alder-ash woodland, is located on the western side of the proposed bridge. The High Court case was brought against An Bord Pleanala after it granted permission for the project in March 2013 to Clare County Council. Mr Sweetman, Bunahowen Cashel, Countty Galway, and the company, with an address at Rossport, South Ballina, County Mayo, claimed an environmental impact assessment carried out by the Board did not comply with the Habitats Directive or planning legislation. Mr Justice Paul McDermott dismissed their challenge last month after finding the board received comprehensive …

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High Court overturns wind turbines permission

A WEST Clare woman has won a High Court order overturning a grant of permission for a development of four wind turbines near her home at Coore, near Mullagh. In a judgment strongly critical of absence of clarity and specificity in An Bord Pleanála’s grant of permission, Mr Justice Max Barrett said decisions of public bodies must be clear enough for people to decide if there is a legal basis to challenge them. “Proper planning was never intended to be, nor can it be allowed to become, a perk reserved for the few who can afford expert lawyers, with something less than best being the lot of the many who cannot,” he said  on Tuesday. Kathleen Connolly was “rightly insistent” there be full compliance with the law before a windfarm is planted by her homestead, he said. While the board had criticised her case as “opportunistic”, arguing it had “little or nothing to do with a bona fide concern for …

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New twist on Clarecastle petrol station plan

AN appeal against Clare County Council’s refusal of planning permission for the redevelopment of a filling station in Clarecastle has been withdrawn. Plans for the redevelopment of the existing Maxol filling station on the Ennis Road were earlier this year refused permission by Clare County Council, who found that the proposal could “endanger public safety” and have an “adverse impact” on the vitality of Ennis and Clarecastle. Maxol Ltd had looked to redevelop its existing filling station on the Ennis Road in Clarecastle, which they said would lead to the creation of 12 to 15 jobs. While the appeal has been withdrawn, Maxol are open to submitting a new development proposal for consideration by the planning authority. The original proposed development would have included the demolition of the existing forecourt building, canopy, fuel tanks and all associated structures at the station. It was also proposed to demolish an adjoining disused dwelling, associated sheds, boundary walls and structures. Under the plans, …

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Clare TD objects to Cooraclare mast

PLANNING approval for a controversial Cooraclare mast, linked to claims by recently elected TD, Dr Michael Harty of serious problems with his own internet connection, is now on hold. An Bord Pleanála has been asked to take a fresh look at Clare County Council’s decision to grant Brian Sexton of Clare Broadband planning permission to retain a broadband mast at Cloonreddan, Cooraclare. One of the original objectors, Angela Collins, has lodged an appeal with An Bord Pleanála. In a letter to the council on July 20 last, Dr Harty and his wife, Geraldine, a registered nurse, expressed a number of personal objections. They stated it was disappointing that a letter sent by the council concerning this unauthorised development was met by defiance and, instead of removing it, the owner/operator chose to develop it further instead. “Our Vodafone service has been severely limited since this mast was erected. Several telephone calls to the service provider have resulted in no improvement. “As …

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July date for next decision on Blake’s Corner

CLARE County Council will not apply for permission to carry out its proposed works at one of the county’s worst bottlenecks until the end of July at the earliest. In the past week, the local authority has submitted details to An Bord Pleanála of its plans to alleviate the severe traffic jams that occur annually during the summer months at Blake’s Corner, Ennistymon. An Bord Pleanála will determine by July 25 whether the planning decision should be made by Clare County Council under the Part VIII procedure or by An Bord Pleanála itself. In February, the council revealed its proposed approach to deal with the long-standing traffic problems at Blake’s Corner in Ennistymon, following consultation with local residents and elected members of the West Clare Municipal District. The proposed solution involves the construction of a new bridge approximately 80m upstream (to the east) of the existing Ennistymon Bridge on the N67. The scheme comprises a two-phase project; Phase 1 of …

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New Year decision on Ennistymon mart plan

People in North Clare will have to wait until next year to find out if controversial plans to knock Ennistymon Mart and build an Aldi supermarket will be allowed. An Bord Pleanála had been expected to decide earlier this week whether or not to permit the proposed demolition of existing buildings on the site and the construction of a single-storey discount foodstore, including off-licence and a carpark with in the region of 80 spaces. However, a decision on the future of the site will not be made until next month. The proposed project was given the go-ahead by Clare County Council earlier in the year, subject to 21 conditions, but this was appealed by three separate parties, Save Ennistymon Mart Committee, local residents and former Mayor of Clare, Flan Garvey. An Bord Pleanála held a lively oral hearing on the proposed development in November, at which all three parties were represented along with Clare County Council and Aldi Stores (Ireland) …

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Cusack Park plans meet heritage crux

The Department of Arts, Heritage and the Gaeltacht has given a red card to Clare GAA’s latest plans to redevelop Cusack Park. The department has lodged an appeal with An Bord Pleanála to proposals by the Clare GAA County Board to carry out works immediately adjacent to Ennis Friary. The appeal raises architectural heritage and archaeological concerns stating, “The design of the development does not satisfy the sensitivities associated with development adjacent to a national monument”. The Cusack Park plans, phase two of a major redevelopment of the county grounds, include the demolition of ruined buildings and part of an orchard wall and the construction of a new car park within the ‘Cloister site’. Also included in the plans is the demolition of a section of the western boundary wall of Cusack Park and a construction of a new 2.8m high boundary wall with turnstile housing, ticket kiosk and exit gates; the construction of a new toilet block and concession …

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Ennistymon mart site burial claims in affadivit

A discount supermarket should not be built in a North Clare town because part of the proposed site may have been used as a children’s burial ground, objectors to the project have claimed. Aldi Stores Ireland Ltd was granted permission by Clare County Council last month to demolish Ennistymon Mart and build a single-storey discount foodstore on the site. Now, the Save Ennistymon Mart Committee has submitted an affidavit, sworn by one of its members, to An Bord Pleanála claiming a woman who had lived in the town “had arranged for a priest to bless a part of the Fair Green below Doherty’s gate under which…the bodies of small children had been buried”. “These were unbaptised children whom the Catholic Church did not allow to be buried inside the grounds of the church and graveyard, which is nearby,” the affidavit from local farmer Tom Clair states. The group has opposed the closure and sale of Ennistymon Mart since it was …

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