EAST Clare councillors have received the support of a majority of their fellow councillors in their bid to change the local area development plan, facilitating the possible building of a marina in Ardclooney, Killaloe.
Twenty-five councillors supported the proposed amendment to the draft East Clare Local Area Plan, with three councillors, Mayor Christy Curtin, Brian Meaney and Patricia McCarthy, voting against the proposed amendment.
The members of Clare County Council also passed other amendments to the plan, including the creation of enterprise space in Killaloe and the changing of a tract of land in Broadford from agricultural to recreational space.
It was also decided to re-zone land near the canal bank in Killaloe from open space to other settlement. Councillor Michael Begley recalled the landowner had originally intended to construct a housing scheme of 12 houses but now wanted permission for just three houses for family members on a portion of this land and the remainder could revert back to open space.
Senior executive planner, Gordon Daly, stated he wasn’t fully aware of all the details concerning this site but understood the reason why the planners wanted it to remain as open space was due to the sloping nature of the topography. Mr Daly’s admitted the planners’ advice was not to rezone this land.
Acknowledging the land was on an embankment, Councillor Begley explained it extended over two tiers and that the lower tier is capable of accommodating development.
Councillor Joe Arkins pointed out even if the amendment was successful, the landowner would still have to go through the full planning process by submitting a planning application. This was supported by all the councillors, apart from Councillor Meaney.
This was the final council debate on the draft East Clare Local Area Plan, for which all submissions had to be received by Monday night. The draft plan, with 18 agreed amendments and an extra five at the council meeting, were approved by councillors following a 90-minute debate. The plan will be on public display from next week for six weeks for submissions and the final plan is due to be approved next February, once all the statutory processes are complied with.
The amendment relating to Ardclooney had been subject to much debate, as some council members feared that, if they were to include the amendment in the plan against the advice of the council executive, they could be open to legal challenge.
On that basis, county solicitor John Shaw briefed the council prior to a vote on the proposed amendments. He explained the manager’s report on the Draft East Clare Plan contains reasons, supported by expert evidence, as to why particular lands adjacent to an SAC should not be zoned for tourist development.
“Without going into the reasons in detail, it would appear that the main reason that they should not be zoned is for the protection of the sensitive habitat,” the county solicitor advised.
He also stated that Section 20 (3) of the Planning Act of 2000, as amended by the 2010 Act, requires the planning authority to consider whether a material amendment requires an appropriate assessment or a strategic environmental assessment be carried out as a consequence of any proposed amendment.
Mr Shaw added that, “Having due regard to expert evidence does not mean that it needs to be accepted in full or at face value. It does mean, however, that the members may reject that expert evidence where it is obviously incorrect or where they have alternative credible expert evidence which contradicts that view. Should the members decide to go against the manager’s report and the expert evidence, it is incumbent on them, acting judicially, to articulate the full reasoning behind their refusal to follow the recommendation in the resolution when they make it.”
He further explained that whilst it may be argued by an environmental expert that it may be possible to develop the site in a manner that would not infringe on the integrity of the special area of conservation, that is expert evidence which is not before the council members.
“Therefore, although the Act provides for an appropriate assessment to be carried where a material alteration is proposed, the members must properly consider the report before them before they decide to amend the plan,” he said.
He added that there is no criminal offence created should the council wish to amend the plan as discussed.
Chairman of the East Clare Area Committee, Councillor Pascal Fitzgerald, said marina tourism is much needed in the area to create employment. Councillor Joe Cooney agreed, while Councillor Pat Burke added that he lives on the shores of Lough Derg and knows how important tourism is. Councillor Pat Hayes also recommended the proposed amendment because of the “valuable tourism it will bring to East Clare”.  Councillor Michael Begley said that the proposed zoning was the right action, while Councillor Cathal Crowe said that time would prove what an asset this would be to the area.

80-berth marina proposed

THE first adopted amendment relating to Ardclooney, Killaloe in the East Clare Local Area Plan allows for the potential to develop a new 80-berth marina, costing an estimated €3 million, adjacent to a special area of conservation on Lough Derg.
Clare County Council refused planning permission for a marina development on this land in July 2006. Killaloe businessman Brian Whelan will now have to submit new plans to the planning authority once the new plan comes into force.
The Clare Champion has learned that over €8,000 was spent by the applicant addressing legal and environmental issues in recent weeks to progress the amendment to a stage where councillors were happy to support it. This is in addition to €150,000 previously spent on preparing an EIS and addressing various planning requests and requirements for the refused planning application.
The controversial amendment recommended that the lands at Ardcloony be zoned for Integrated Tourism Development.
“Due to the location of the subject lands at Ardcloony, part of which adjoin the Lower River Shannon SAC and part of which are located within an SAC, all proposals for development on the lands must initially be subject to a habitat and species survey, an Ecological Impact Assessment and Habitats Directive Assessment as per Objective CDP 17.4 in the Draft County Development Plan.
“The Habitats Directive Assessment must consider the cumulative and in-combination environmental and ecological impacts of the proposed development on the wider area. Furthermore, any development proposals on this site must adhere to the requirements of the Water Framework Directive and the Shannon River Basin District Management Plan,” the amendment stated.
A Nature Impact Statement prepared by White Young Green (WYG) Environmental and Planning consultants concluded that once mitigation measures were incorporated into the proposed East Clare Local Area Plan, no significant negative effects on the Lower River Shannon SAC are likely to arise as a result of implementing the proposed variation.
An EIS study completed for the initial application in August 2005 said the development responded to the pressing need for extra berthage facilities on the River Shannon.