O’Sullivan to bat against councillors

HOUSING Minister Jan O’Sullivan is on a collision course with Clare county councillors over their controversial decision to retain residential zoning for four acres of development land in Quin, contrary to the recommendation of county manager, Tom Coughlan.
In fact, Minister O’Sullivan has effectively put the councillors’ zoning decision on hold for the rest of the year, having sent the council a draft direction seeking another public consultation process.
It also means well-known developer, Brian McCarthy of Brian McCarthy Contractors Limited, who purchased the land at Feighquin, a few years ago when it was zoned residential, will be left in limbo about its planning status, probably for the next six months.
There were plans initially for up to 21 houses for older people, which was supported by a local committee and the developer to meet this requirement in the locality. However, Government funding dried up a few years ago.
This zoning was part of the 2012 to 2018 Draft South Clare Local Area Plan, which will not be brought into effect. All other elements of the adopted plan took effect from last Monday.
The minister has requested Mr Coughlan to publish this draft direction within the next two weeks and draw up a report on foot of a new public consultation process including the views of councillors and the public no later than one month after this process is completed.
She had supported the proposed dezoning of 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).
“The planning authority has ignored or has not taken sufficient account of the written submission made on my behalf. Councillors relied on an ‘improper consideration’,  a report by Conor Kelleher, dated June 2012, which was not subject to the public consultation procedure prescribed under Section 20 of the Planning and Development Act, in preference to the written submissions on behalf of the minister,” she claimed.
A report on the submissions received will be considered by the minister before a decision is made on the direction. The minister expects this process will be completed before the end of the year.
Last month, councillors passed a resolution to zone the land at Quin for residential purposes by 26 votes to one and in the process, rejected the county manager’s recommendation.
They took this decision following a report from internationally renowned bat specialist, Conor Kelleher, who concluded the dezoning of land was unnecessary and the cave and bat roost could be protected by appropriate mitigation measures and appropriate assessment at design or planning application stage.
With over 23 years experience in bat research and conservation in Ireland at his disposal, Mr Kelleher, who has also drafted bat conservation guidelines for the National Roads Authority (NRA), addressed issues such as lighting, human disturbance and potential rock breaking.
The minister has now claimed the planning authority has ignored or not taken into account a submission made on her behalf last April concerning the then draft Local Area Plan and the plan in not compliant with sections of the 2000 Planning and Development Act.
Mr Coughlan told councillors at the June meeting he would consider the issues they had raised and would consider legal advice to determine whether or not to implement the council decision.
“Having considered the matter and legal advice, I have deliberately decided not to overturn the resolution adopted by the council,” he stated.
A number of councillors, including Joe Arkins and Gerry Flynn, took issue with a record of the minutes from the June meeting as they felt they didn’t adequately reflect why members took their decision on foot of Mr Kelleher’s independent expert advice.
Senior executive officer, Michael McNamara proposed this could be addressed with an addition to the minutes stating the councillors took this decision in light of Mr Kelleher’s report, which resulted in the modification and subsequent vote.
However, Councillor Patricia McCarthy recalled she clearly understood Mr Kelleher’s report shouldn’t have been considered because it was submitted too late outside the specified time in the public consultation period.
Councillor McCarthy asked Mr Coughlan for a copy of the legal advice he received and wondered how he could get legal advice after the meeting had passed the resolution.
However, Mr Coughlan admitted he was reluctant to provide the legal advice as this issue could be subject to legal action. “I am not going to operate a ‘shadow court’ to carry out a judicial review now. Just because I am not going to overturn this decision doesn’t mean I support it,” he said.
Councillor Sonny Scanlan pointed out the land, which was very flat and without hills or rocks, was about 150 yards away from the cave and wondered if the minister is aware of Mr Kelleher’s advice and impressive credentials.
Councillor Michael Kelly asked why the minister was disagreeing with the advice of a highly qualified expert. “This is like a test case in relation to the right of people to develop land. One expert is giving one view, another expert is giving another view. A very valuable development is being held up. There should be a decision made here. Does the minister have superior advice?” he asked.
Mr Coughlan noted the minister set out her reasons in her report.
Councillor Joe Arkins questioned the merit of sticking too rigidly to statutory guidelines and timeframes. “If we have a report submitted by an expert with solid scientific reasons, we should consider it,” he said.
If councillors considered this report, which was outside the timeframe, Councillor McCarthy argued members had to take some responsibility for their own actions.
In his submission to Galway Planning and Environmental Consultants, McCarthy Keville O’Sullivan Limited, who were acting on behalf of the developer, Mr Kelleher welcomed the strict attitude and responsibility being shown by the council to protect the bat population in Poulnagordon Cave.
However, he argued the subject lands are quite small and are in his opinion “inconsequential to the bats”.
“Lesser Horseshoe Bats would have no reason to visit the subject lands and the commuting routes of these bats to and from the cave are most certainly and obviously west, south and east.
“Neither myself or my family or friends have any vested interest in the subject lands, nor do I have any family or acquaintances in McCarthy Keville O’Sullivan Limited or Brian McCarthy Contractors Limited.
“Although a fee was offered to me for my written opinion on this issue, I declined it and I have not received any remuneration, expenses, reward, gift or otherwise for this submission,” he stressed.