A CLARE County Councillor is appealing to the local authority to take in charge a housing estate in which the sewage treatment plant overflowed four times in the last 18 months.
Councillor Michael Hillery called on Clare County Council to take in charge Westpark Estate in Spanish Point, saying it could be done under existing legislation.
“A majority of the residents have applied to have their estate taken in charge by Clare County Council under Section 180 of the Planning and Development Act 2000,” Councillor Hillery stated.
A member of the council’s Planning and Enterprise Development responded, saying, “A Section 180 has been received from the Westpark residents. The application is currently under consideration. There are also separate legal proceedings in progress under the Water Pollution Act 1977 and Water Services Act 2007 relating to this development, which are listed for hearing in the district court on February 22.”
Councillor Hillery claimed problems with the sewage treatment facility were causing a “health hazard”, which is located “very close to Spanish Point beach”.
“During the past 12 to 18 months, this treatment plant overflowed on four occasions and Clare County Council had to pay a private contractor to empty and desludge this facility, which was creating a health hazard.
“A considerable amount of capital will be required to rectify the utilities of the estate to allow the local authority to take it in charge,” he stated.
Councillor Hillery called for the development to be taken in charge by the council, adding that a lack of funding is not an adequate reason not to do so.
“It was reported in the local press that the main problem for residents is that the bond, which was required by the planning authority, was allowed to lapse. Clare County Council cannot refuse to change this estate due to the lack of funding as per Section 180,” he commented.
The Heritage and Planning Division of the Department of the Environment, Heritage and Local Government previously stated, “It is critically important that local authorities do not permit delay in cases of failure to complete estates as this is likely to add to the financial burden on the authority in the longer term”.
Councillor Hillery said it would be more costly for the county council not to take the estate in charge, given the repeated “malfunctioning” of the treatment plant.