Clare family seeks judicial review of proposed Ennistymon road

THE long-awaited construction of the Ennistymon Inner Relief Road has been hit by an unexpected delay after a local couple whose florist business and family home are being put at risk lodged a Judicial Review.

John and Sheena Clancy, Bogbere Street, Ennistymon, who are plaintiffs in a Judicial Review application, which was made on November 14, challenging recent planning approval granted by An Bord Pleanála. The family run West Clare Flowers in the heart of Ennistymon.

This review taken by Augustus Cullen Law Solicitors was adjourned and the couple were given liberty to amend their statement of grounds.

It was mentioned again in the High Court on November 21, and it is adjourned until January 30 for mention.

The defendants listed in the case are An Bord Pleanála, Clare County Council and the Attorney General.

In their objection to the appeals’ board, John and Sheena Clancy, Bogbere Street, Ennistymon, outlined the process has had a significant stressful impact on them as the proposal entails loss of a family home and business in which considerable investment has been made and they consider it an inappropriate and disproportionate action by the local authority.

The couple questioned the validity of the process under section 179 of the Planning and Development Act and the fact the proposal is the remit of Roads Authority and that this section has no application to the development.

They claimed the local authority have no legal interest in the objectors lands and Section 179 is predicated upon a local authority having some legal interest in lands to enable it to carry out the development.

They alleged the notice issued is invalid and the proposal and procedure initiated is contrary to their constitutional rights under Article 40 and 43 of the Constitution.

The objectors noted that the local authority requested an exemption from the Board in relation to carrying Appropriate Assessment and Environmental Impact Assessment.

They questioned how this is appropriate given the nature and extent of the proposal and the fact that those impacted were not given notice of such or allowed to participate in this process.

The objectors considered that it is not appropriate that such a determination that neither a screening for appropriate assessment or an EIA was carried out.

They outlined the scheme would entail significant noise and traffic impact and be detrimental to residential amenity and contrary to health and safety.

A Part Eight development was granted by the council but was appealed to An Bord Pleanála.

The development includes the pedestrianisation of the existing bridge, the inclusion of a roundabout at the western end of the proposed new bridge crossing on the L-1084 and the relocation of
the existing public car park adjacent to New Road (N85).

A new plaza is proposed for construction at the western end. Other enhancements include footpath improvements and enhanced crossing arrangements, landscaping, lighting and services enhancements, and other ancillary elements.

The board considered that the acquisition of the identified dwelling, shop unit, office premises and part of a funeral home business is necessary to deliver this development, despite objections from local property owners.

Speaking at a recent council meeting, Chief Executive Pat Dowling said, “God knows Clare and Ennistymon people have waited long enough for the Ennistymon Inner Relief Road to be sent for design, tender and construction.

“There is a right to submit a Judicial Review. We will be arguing against that quite vehemently. Let’s just be hopeful we can get to the construction phase for this project next year. That continues to be the corporate position of the council,” he said.

During an oral hearing, the council outlined the road improvement scheme addressed the need for a new bridge crossing to address ongoing traffic congestion at Blake’s Corner.

The authority outlined that the proposal would address traffic congestion, improve pedestrian linkages, improve the public realm, allow improvement of enhancement of buildings at Blake’s Corner.

The need of the scheme was outlined by the local authority at the oral hearing and the fact that a number of options were considered during the Options Assessment process prior to reaching a conclusion that the proposed scheme is the preferred approach adopted by the Part 8 process.

The council submission highlighted that An Bord Pleanála determined that Appropriate Assessment and Environmental Impact Assessment were not required for the scheme.

The authority pledged it would engage with the residents regarding on-street car parking strategy and pointed out Part 8 approval was obtained following public consultation.

The route is considered the most appropriate by the council and is in accordance with Development Plan objectives for the defined infrastructure safeguard route. The Blakes/Linnane buildings are protected structures.

Efforts by the Clare Champion to contact a representative of West Clare Flowers, Ennistymon and their solicitor proved unsuccessful.