Manager and councillors clash over Quin zoning

CLARE county manager, Tom Coughlan is in disagreement with a local property developer and 22 county councillors over their decision to retain residential zoning for four acres of development land in Quin, contrary to his recommendation.

 

County councillors have accused the council of attempting to “railroad” a change in rezoning by being threatened by legislation when their expert scientific advice is questioned.

Mr Coughlan is supporting the efforts of Housing Minister Jan O’Sullivan to dezone this land to open space and agricultural use, as recommended by planners in an effort to safeguard a protected species of horseshoe bats near Poulnagordon Cave Special Area of Conservation (SAC).
Minister O’Sullivan recently put the councillors’ zoning decision on hold, having sent the council a draft direction seeking another public consultation process.

It also meant Brian McCarthy of Brian McCarthy Contractors Limited, who purchased the land at Feighquin, Quin, a few years ago when it was zoned residential, was left in limbo about its planning status.

There were plans initially for up to 21 houses for the elderly, which was supported by a local committee, and the developer was willing to meet this requirement in the locality until Government funding dried up a few years ago.

This planning controversy could generate some heated debate at next Monday’s Clare County Council meeting in Ennis following the strong stance taken by Mr Coughlan, who has refuted statements made by the developer and the councillors involved.

In their submission, which was put forward by Councillor Sonny Scanlan, the councillors pointed out to the minister, the lands at Quin have been generally zoned for residential purposes since 2009 and much of the land was zoned for residential purposes in the Southern Economic Corridor Plan 2003.

“The issue of the Poulnagordon Cave SAC and bats did not arise during the adoption of these previous plans. Indeed, planning permission was granted in 2010 for a new access to the subject lands to facilitate future residential development in 2010. It is only now that the bat issue has arisen.

“We fully acknowledge the need to protect important habitats and species from inappropriate development and, in particular, to discharge our responsibilities in relation to European Habitats Directives.

“However, in order to give proper and informed consideration to such matters during the plan-making process, councillors need to take account of scientific evidence and expert opinion to guide their ultimate decisions.

“While the recommendations of the county manager and the comments of some officials were clearly set against the proposed residential zoning, no scientific evidence was put forward to support this position, despite our requests,” they stated.

The councillors pointed out the written opinion of leading bat expert, Conor Kelleher, who stated the proposed downsizing of the lands is unnecessary and “clearly arises from a lack of understanding on the part of those who proposed the downzoning”.

“This raises a wider issue in terms of the calibre of advice being given to us, as elected members, and to attempts of railroading by being threatened by legislation where such advice is questioned. This is an example of officials demanding unquestioned support for their position and where, fortunately, expert advice was made available, which is completely at odds with what we were asked to blindly support.

“We have not acted improperly in reaching our decision on the basis of independent scientific advice,” they stated.

However, Mr Coughlan has taken issue with a number of “inaccuracies” in the councillors’ submission and stressed the concerns in relation to Poulnagordon Cave were raised in planning documents of February 2009 accompanying the 2009 – 2015 South Clare Local Area Plan.

This clearly stated, “possible impacts of the plan will be that of encroachment on to the site from the strategic reserve for housing zoning in Quin”.

He pointed out the scientific evidence put forward during the plan was clearly set out in the Habitats Directive Assessment (HDA) prepared at draft stage and included in Volume Three at proposed material alternations stage.

McCarthy Keville O’Sullivan Planning Consultants, on behalf of Mr McCarthy, stated planning permission was granted in October 2010 for a new entrance to serve future development and no issue was raised with respect to the potential impact of development of these lands on the nearby cave.

The consultants stated bat numbers appear to have increased in the area, despite recent expansion of Quin village close to the SAC.

They noted the cave was designated as an SAC at the time of the 2009 to 2015 South Clare Plan yet no issues or concerns were raised at the time.

Concern was also expressed about the lack of a full Appropriate Assessment (AA) or a Habitats Directive Assessment in this case.

However, Mr Coughlan pointed out permission granted related to an entrance only and not a housing development. He stated Mr Kelliher’s opinion was not received within the statutory time period and accordingly was not a HDA, which was subject to public consultation.

He refuted the assertion that concerns in relation to the cave were not raised at the time of the 2009 plan and advised a full HDA was carried out at draft plan and a full AA on the proposed material alterations, which was in full compliance with the requirements of the habitats directive.