Minister holds firm on Blake’s Corner

Clare County Council is to proceed with a Part 8 planning application for a project in Ennistymon despite a comment by the Minister for Heritage stating such a move would be “contrary to the thrust of the Planning and Development Act 2000.”
The local authority commissioned a report, at a cost of between €10,000 and €15,000, which recommended that the Blake’s and Linnane’s buildings be deconstructed and reconstructed back from the narrow junction and the road widened. The local authority’s senior engineer has stated that he believes Clare County Council can provide the “strong justification” required to go ahead with the proposed works subject to planning permission.
Earlier this month Clare TD Michael McNamara put a question to the Minister for Arts, Heritage and the Gaeltacht Jimmy Deenihan, asking his views on preserving and maintaining the listed buildings.
He also asked the minister “if he will support the proposal to move the buildings complete and intact on their site to allow both for the creation of a new and improved junction or if he will favour their destruction and reconstruction; and if he will make a statement on the matter.”
In a written answer, Minister Deenihan noted that the Blake and Linnane buildings are protected structures and that this places a duty of care on the owners, now Clare County Council. Protected structure status also “gives planning authorities powers to deal with development proposals affecting them in order to safeguard their future.”
The minister added that legislation states the council cannot grant permission for the demolition of a protected structure “save in exceptional circumstances.”
Minister Deenihan confirmed that his department has been in contact with Clare County Council and “previously advised that any proposal to demolish and rebuild these structures set back from the current building line is contrary to the thrust of the Planning and Development Act 2000 and would therefore require strong justification and a robust and detailed methodology that demonstrated that such an approach is both feasible and appropriate without any further loss of character than is absolutely necessary.”
He also revealed that the department advised the local authority that if the removal and set back proceed, “a sustainable and suitable new use would have to be found for both structures that takes into account a potential increase in traffic along this corner.”
Mr Tom Tiernan, senior engineer, Clare County Council, stated that the local authority will be preparing a part 8 planning application for the works but added that the planning process will not begin until next year.
Part 8 planning permission is an application made by the local authority. Members of the public and prescribed bodies can make submissions during a six-week public consultation period. Following this, the county manager reports to elected members who decide whether or not the proposed development will be carried out.
“Because of the sensitivities of the project and the various aspects to it, Clare County Council will be very careful in the way we approach it and take appropriate time to ensure that we can show the justification that is needed, and the justification we feel we can show. There is a very serious traffic problem associated with that junction especially in the summer and we in the transport authority have to resolve it. We fully respect the fact these buildings have the status they have and it is unfortunate that the two agendas conflict at the same location,” he added.
Responding to Minister Deenihan’s comment that the council’s plans to deconstruct and reconstruct the buildings back from the road appear “contrary to the thrust” of legislation, and that such a move would “require strong justification”, Mr Tiernan said Clare County Council was aware of its obligation and would have provide this justification.
“We know that there has to be strong justification and substantial justification to be able to deconstruct and relocate those buildings within their site. There are two objectives in relation to this, one relating to heritage and one relating to traffic. Both are reasonable and noble objectives. Given that they are in conflict with each other, reason has to prevail. If it happens that the decision is in favour of improving the junction, the Council has to justify that and establish that on balance it is the right thing to do and satisfy those that would be adjudicating on it that it is the right thing to do,” Mr Tiernan stated.
A lobby group campaigning against the removal or demolition of the buildings sees the minister’s comments as “declaring his opposition” to the Council’s proposal.
A spokesman for Save Ennistymon’s Heritage called on the local authority to install “part-time traffic lights, a part-time one-way traffic system, a by-pass or gardaí to be put on point duty at peak times.” It also urged the council to carry out maintenance and decoration of the buildings.