Council proceedings over non-compliance

Clare County Council has issued enforcement proceedings on Mountshannon Community Council in respect of non-compliance with planning conditions for the constructed pre-school and after-school facility in the village.

An enforcement notice was issued to the community council and the operator of the facility last week following the issuing of a warning letter on July 23. The non-compliance aspect relates to the failure to put a pelican crossing in place.
While the county council has pursued the matter through enforcement, it has been confirmed that they have also offered the community council a sum of money as a gesture to assist them in carrying out works and that negotiations are ongoing between both parties. 
A local campaign was launched by representatives from the local community and national school last June when a petition and letter was issued to the Taoiseach during a visit to East Clare. Correspondence following this action was also issued to the county council asking for their assistance to provide a pelican crossing outside the national school and pre-school facility, which share the same site. 
According to the notice, Clare County Council state the terms and conditions of planning permission received by Mountshannon Community Council for a stand alone pre-school and after-school childcare facility “have not been complied with”.
It outlines that condition one of their planning permission has not been adhered to, this condition required the applicant to carry out the development “in accordance with plans and particulars submitted on January 30, 2008 and details received as further information on June 18, 2008” except where otherwise stated.
The council specified that the reason for non-compliance was due to the fact that a planned pelican pedestrian crossing was not constructed.
The enforcement document said, “It is stated in the Traffic and Transport Consultants report as received by the Planning Authority on June 18, 2008 that a pedestrian crossing and a kerb built out on the footway is proposed across the R352 as shown. The crossing will be a pelican-type crossing and will be implemented in accordance with diagram 12.2 of the Department of Transports publication Traffic Management Guidelines enclosing dropped kerbs and tactile paving.”
The notice requirement stipulates that Mountshannon Community Council must “provide required lighting” at the location. They also order the council to “refund to the planning authority the costs and expenses of €300 incurred to date in the investigation/detection and the issuing of enforcement proceedings”. They further advise the community group that in the event of non-compliance by the specified date of August 24, that they may be liable for additional costs. 
Sean Lenihan, senior executive engineer for the area, said, “This was part of their planning conditions and as much as we would like to help them, our hands our tied and they have to do that. As a small gesture, the council will give them some funding. The cost of the crossing is anywhere from €7,500 up to €10,000. We will make a gesture towards the provision of the lights but that means that the funding can’t go towards something else in the area. The ball is in their court now,” he said.
A spokesperson for the community council said they were not in a position to comment at this time but it is understood they are in discussions with the county council.