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Area Council Meetings: Replies to Notices of Motion April 24th 2007

With reference to Notice of Motion no 7, submitted by Cllr. P.McMahon, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

That Clare County Council investigate the possibility of extending the sewerage system from Newmarket to Lemanagh, Urlanmore, Ballinskahy, Newmarket on Fergus on as this area is now a built up area. The residents of these areas are willing to pay a reasonable amount to provide said same service.

I wish to reply as follows:-

The areas suggested are 2km approximately distant from Newmarket on Fergus comprising ribbon type development. The number of houses at this distance from the village makes the task of sewering this area uneconomic on initial examination. Consideration can be given to including this area in the next Assessment of Needs for the County.

Walter Walsh,
Senior Engineer
Transportation and Infrastructure.

With reference to Notice of Motion no 8, submitted by Cllr. T.Mulcahy, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

That this Council would review its policy of putting gas in to its new houses in light of the savage increases in charges experienced by residents over the month or so. A cheaper alternative must be found.

I wish to reply as follows:-

The design strategy for local authority houses in Clare, is one of constant review of the energy and environmental impact associated with the construction and operation of the homes. It is also national policy to establish best practice in the use of heating systems. This strategy has resulted in the phasing out of inefficient solid fuel stoves & backboilers in favour of the cleaner and more energy efficient gas boiler that was specified in the most recent houses. The decision to use gas was based on the following -

  • combustion efficiency of the fuel (typically over 80%),
  • low carbon emission (by comparison to other fuels)
  • availability in the locality
  • cost to the consumer (natural gas was the cheapest fuel at time of design, and is still 30% cheaper than oil)

The use of renewable energy technologies, such as solar and wood chip, are being increasingly used in all local authority residential and office buildings, in keeping with the national objectives for sustainable development. For example, the new County Hall will be heated by a wood chip boiler, using timber from the county. Future house designs will continue to include heating & hot water systems that utilise the renewable energy resources available from within the county.

Notwithstanding the above, the present policy of Clare County Council is to use a dual system of gas with a back up of solid fuel.

Nora Kaye
Senior Executive Officer
Housing and Social Services

With reference to Notice of Motion no 9, submitted by Cllr. P.McCarthy, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

That Clare County Council outline what plans if any they have for the direct provision of affordable housing in Sixmilebridge.

I wish to reply as follows:-

The Council does not have land in Sixmilebridge for Affordable Housing at present but is seeking the acquisition of land, suitable for Affordable Housing in Sixmilebridge. In addition, the Council sought expressions of interest from estate agents and / or developers for the supply of turnkey units throughout the county, for use as affordable housing. Unfortunately, no submission was received for Sixmilebridge. A further advertisement will be inserted in the local papers next week also, seeking proposals from developers to supply mixed tenure housing units to cater for affordable, voluntary, social and private housing or any mix thereof.

Nora Kaye
Senior Executive Officer
Housing and Social Policy

With reference to Notice of Motion no 10, submitted by Cllr. G.Flynn, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

That the hedging to the South of the N19 adjacent to Drumgeely Hill be removed, the decision to remove this hedge was made at the January 2007 Town Council meeting

I wish to reply as follows:-

I have made arrangements to have this hedge removed shortly.

Donal Hogan
Senior Executive Engineer
Shannon Civic Offices

With reference to Notice of Motion no 11, submitted by Cllr. J.Crowe, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

I request a full update on all development as regards to construction of platform and parking at the Stationhouse, Sixmilebridge and the proposed re-opening date.

I wish to reply as follows:-

Iarnrod Eireann in a letter dated the 5 March 2007 has advised that the Minister of Transport has sanctioned funding for the reopening of the Sixmilebridge station in co-operation with Clare County Council. The rail company has agreed to provide the requisite track and signalling, platforms, ticketing and lighting requirements whilst the County will be responsible for the securing the land requirements, road access and accompanying parking facilities.

Whilst the Council adopted the requisite variations to the South Clare Local Area Plan to accommodate the proposed development it was unsuccessful in acquiring Council funding for either the acquisition of the lands required, and for the employment of consultants to finalise the detailed planning of the site and its facilities during the current year. The rail company have indicated that the Council will be required to take responsibility for the land acquisition, parking provision and planning of the project save for the rail works which will be to their account. A valuation of the land requirements will be necessary and preliminary design work needs to be undertaken in conjunction with the rail agency. A sum of € 10,000 was requested for the detailed planning and design of the service infrastructure, but was not included in the current estimates.

A meeting of representatives of the Department together with the Senior Executive Architect of the Council, and officials of Iarnrod Eireann is to be held shortly, to discuss the preparation of the master plan and parking requirements for the station, and determine the specific requirements of the railway agency in respect of this project. The issue of the budgetary requirements for land acquisition and servicing costs will have to be referred to Council for further consideration, once all details relating to the feasibility and design report are complete. The rail authority has given no specific target date for the opening of this facility.

John Bradley
Senior Executive Planner (Policy)

With reference to Notice of Motion no 12, submitted by Cllr. T.McMahon, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

Considering the unsightly and dangerous condition of site of old Drumgeely hall site that Clare County Council consider placing a compulsory purchase order on this site and tennis court and have it developed for community facilities

I wish to reply as follows:-

The owner of the property has received the statutory notices under the Derelict Sites Act 1990. Prior to the fire in October 2006, the owner was in the process of carrying out the required works in order the remove the dereliction. The Council has been monitoring the situation on a regular basis and has requested the owner to secure the site and make safe on a number of occasions. The owner has recently indicated that the site would be made safe and secured in the next few weeks. The Council will continue to monitor progress on same.

In March 2007, the Department informed the Council that the Minister has made regulations under sections 4 and 21 of the Derelict Sites Act, 1990 prescribing Shannon as an urban area for the purposes of applying a derelict sites levy to derelict properties in Shannon. It is the Council's intention to have the property formally valued and make arrangements to impose the levy (3% of the market value) on an annual basis until such time as the property is made non-derelict.

Compulsory acquisition of any property is only considered where other means of securing non-dereliction fail. The Council has no plans to acquire this property at the present time.

Monica Meehan,
Senior Executive Officer,
Transportation & Infrastructure.

With reference to Notice of Motion no 13, submitted by Cllr. P.McMahon, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

That Clare County Council would make extra car space available in Lower Kilnasoolagh Park fronting Lough Gash Lake due to the congestion that exists at the moment.

I wish to reply as follows:-

A demand for extra car parking in housing estates is prevalent throughout the County. This usually arises when there are more than two cars per house. This may be associated with the younger adults in the family becoming car owners or may be associated with rented accommodation where several residents have cars. I do not have any specific source of funding available for provision of car parking in housing estates. The road width at Lower Kilnasoolagh is approximately 8 metres including dedicated car parking along the front of the houses. When cars are parked on the opposite side along by the green area there is still approximately 4 metres road width available for through traffic which is reasonable in the circumstances. A few householders in Lower Kilnasoolagh have provided parking within their own property. The situation could be improved if other house owners did the same.

Donal Hogan,
Senior Executive Engineer,
Shannon Civic Offices

With reference to Notice of Motion no 14, submitted by Cllr. T.Mulcahy, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

That a public consultation process be put in place to facilitate the residents of Cluain Airne who have expressed serious concerns at the proposed new affordable housing development there. This must be done at the earliest possible opportunity.

I wish to reply as follows:-

The Housing Department of Clare County Council will arrange a consultation process in relation to the development of the Affordable Housing Scheme at Cluain Airne. It is expected that the Design Team will be appointed this week, following which a draft layout will be done and discussed with the Councillors. Following this, it is the intention to engage with the local community to brief them in relation to this development and while the exact nature of this consultation is not yet decided, it can be done through a public meeting or by inviting representatives of the local community to a meeting to discuss the relevant aspects of the proposal.

Nora Kaye
Senior Executive Officer
Housing & Social Policy

With reference to Notice of Motion no 15, submitted by Cllr. P.McCarthy, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

That details be provided of proposals in respect of traffic calming in the vicinity of the roundabout under construction as part of the Shannon Southern Primary road.

I wish to reply as follows:-

I consider that the retro-fitting of traffic calming measures such as ramps or speed tables along the Sli na Mara Road would be of benefit to the residents living in the area and would discourage motorists using this as a through road once Phase 1 of the Shannon Southern Primary Road is opened. A detailed assessment of vehicles using this road will be undertaken this week in line with the current traffic calming policy for residential areas. Following this assessment a traffic calming design will be prepared which will be tabled for discussion at next month’s Electoral Area meeting.

Michael Healy
Executive Engineer
Shannon Civic Offices

With reference to Notice of Motion no 16, submitted by Cllr. G.Flynn, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

That Clare County Council cut back the overgrown green areas that are reducing the width of the footpaths and causing some flooding throughout Shannon

I wish to reply as follows:-

Extensive strimming of the grassed edge of the footpaths in Shannon has been carried out by the contractor who has recently commenced work on grass cutting in Shannon. The grassed edges of the footpaths will shortly be sprayed as part of the grass-cutting contract. The strimming and spraying will help to maintain the full width of the footpaths and also assist the run off of surface water from the paths and alleviate ponding.

Donal Hogan
Senior Executive Engineer
Shannon Civic Offices

With reference to Notice of Motion no 17, submitted by Cllr. J.Crowe, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

I request an update on provision of pedestrian crossing near the Catholic Church, Sixmilebridge.

I wish to reply as follows:-

Due to a number of staff changes in the Road Design section it has not been possible to carry out design work on this pedestrain crossing. However this work will be carried out as soon as resources permit.

Eugene O'Shea S.E.E.
Road Design Office

With reference to Notice of Motion no 18, submitted by Cllr. T.McMahon, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

That Clare County Council outline how they intend to deal with increasing litter problem in several areas of Shannon

I wish to reply as follows:-

Clare County Council dealt with the litter problem in Shannon and elsewhere throughout the County in a number of ways e.g. prevention of littering, collection of litter, removal of illegally dumped waste, etc.

Prevention of littering is promoted through various initiatives aimed at educating the public regarding disposal, recycling of waste etc. The Council through the Environmental Patrol Officers seeks to identify persons involved in littering and illegal dumping with a view to prosecution.

Litter bins in Shannon are emptied twice weekly generally and three times weekly in the busier areas. The Town Council has contracted with the Social Economy Scheme to provide manpower regarding litter picking for 30 hours per week. This initiative has enabled the council to keep the litter problem under control along the main distributor roads in Shannon.

There appears to be a significant number of people who do not have their domestic waste collected legally. They dispose of their waste illegally e.g. depositing into or beside the Council litter bins or dumping in secluded locations where it won't be readily visible. The erection of “No Dumping” signs at these locations does nothing to deter the practise and in fact only identifies to potential offenders such secluded locations where dumping is occurring.

The recycling Centre in Shannon will be of major benefit to residents of Shannon and surrounding areas by providing a local outlet for recyclables etc and hopefully will help to reduce the level of illegal dumping of this type of waste.

Donal Hogan
Senior Executive Engineer
Shannon Civic Offices

With reference to Notice of Motion no 19, submitted by Cllr. P.McMahon, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

Further to the designation by Clare Co. Council of Public Safety Zones (PSZ’s) by way of Policy T3 in the South Clare Economic Corridor Local Area Plan of 2003, I seek replies to each of the following questions;

(a) The number of landowners affected by Clare Co Councils designation of these massive but invasive PSZ’s;
(b) Whether each such affected landowner was given prior information of the proposed designation of these PSZ’s inclusive of a map showing the extent of the proposed designation?;
(c) Details and dates of the newspaper in which notice of the proposed adoption of the South Clare Economic Corridor Local Area Plan, 2003 was circulated
(d) Whether such newspaper advertisements gave clear notice of the then proposed designation in question together with details of the consequent restrictions on the development of lands within such PSZ’s?;
(e) Whether such newspaper advertisements contained a map or maps of the proposed PSZ’s.
(f) How these adopted PSZ’s differ from the Public Safety Zones that are listed as Policy Objective No. 8 within the Industrial Development Category at Page 48 of the Clare Co. Development Plan of 1999 and to clearly but unequivocally indicate such differences by way of a coloured scheme on a suitable map of Shannon Airport and its environs.
(g) To confirm whether the Public Safety Zones contained in the 1999 Plan were ever formally revoked by way of a reserved decision of the Council and if so to outline details of the public notices giving prior notification of such proposed revocation.

I wish to reply as follows

It is noted that there has been a considerable amount of previous correspondence and replies to notices of motion in respect of this issue, and I wish to advise as follows:

(a) Neither Clare Council nor the Ennis Town Council has any information in respect of the number of landowners affected by the public safety Zone designation as no property or rate roles are maintained by the respective Councils in respect of residential properties.
(b) All landowners are advised through statutory public advertisements of any variations to the County or Local Area plans. All available information was made available by Clare County Council and Shannon Town Council at their offices, and local libraries.

(c) The draft plan was advertised in terms of Section 20 of the Planning and Development Act 2000 in the Clare Champion on the 21 June 2002. Resulting from amendments effected by members to the original draft plan, the Planning Authority re-advertised a number of amendments to the Draft Plan in the Clare Champion on the 7 November 2002. Members were personally circulated with full details of the proposed amendments.

(d) Full details of the proposed changes were contained in the public advertisement, which appeared in the Clare Champion on the 7 November 2002. Item 8(e) of the advertisement specifically drew the public’s attention to the Public Safety Zone policy for Shannon Airport.

The South Clare Economic Corridor Local Area plan was adopted by Council on the 10 February 2003, and notice there of was advertised in the Clare Champion on the 28 February 2003.

(e) The newspaper notices did not contain any maps but made reference to the proposed variations to the draft plan as indicated in 8(e) above.

(f ) The “Red Zone safety areas, as provided in the 2003 Local Area Plan and the 2006 variation thereto, have not changed from the original requirements of the Airport Authority as outlined in February1999.

(g) The Councils have not revoked to the best of my knowledge any previous Council decisions, and have consistently adopted the plans and policies as advertised in terms of the Act.


J Bradley
Senior Executive Planner

With reference to Notice of Motion no 20, submitted by Cllr. T.Mulcahy, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

That this council would look at the provision of traffic slowing devices, pedestrian crossing, and or any other safety measure that may be required in light of the imminent opening of the new roundabout and southern primary route.

I wish to reply as follows:-

Clare County Council will carry out a detailed assessment of vehicles using the Sli na Mara road this week to determine the number and type of vehicles using the road and the speed at which they travel. The results of this assessment will assist in the selection of suitable traffic calming measures along this road. I envisage that either ramps or speed tables will be the most effective form of traffic calming along this road and will deter motorists from using the road as a through road following the opening of Phase 1 of the Shannon Southern Primary Road and the subsequent development of lands serviced by the road. A traffic calming design will be prepared and tabled for discussion at next month’s Electoral Area meeting.

Michael Healy
Executive Engineer
Shannon Civic Offices

With reference to Notice of Motion no 22, submitted by Cllr. G.Flynn, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

That all the footpaths in the Tullyvarraga Court estate in Shannon be checked by Clare County Council engineer. Residents in the area have great difficulty using these paths and feel they are a health and safety hazard

I wish to reply as follows:-

These Footpaths are in poor condition. Remedial work is required and I will arrange for this to be carried out.

Donal Hogan
Senior Executive Engineer

With reference to Notice of Motion no 23, submitted by Cllr. J,Crowe, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

I request the County Engineer to look at traffic calming measures for The Mount Ievers Estate, Sixmilebridge.

I wish to reply as follows:-

I have inspected the roads within the Mount Ievers estate in Sixmilebridge and do not consider that traffic calming measures would be beneficial at this location given that the existing geometric layout of the estate roads prevents motorists building up speed. Nonetheless, I will carry out a more detailed assessment in line with the current traffic calming policy for residential areas to establish if there is a problem with cars speeding within the housing estate.

Yours sincerely

Michael Healy
Executive Engineer
Shannon Civic Offices

With reference to Notice of Motion no 24, submitted by Cllr. T.McMahon, for the Shannon Electoral Area Committee Meeting, on 24th April, 2007,

That Clare County Council provide a designated area where dog owners can allow their dogs to run free without leads, also to initiate a campaign of information on laws/rules of dog ownership

I wish to reply as follow:-

The Control of Dogs Act, 1986 was introduced to give powers to Local Authorities to regulate and control in this area. The emphasis, in the legislation, is to give powers to the Council to introduce measures to regulate against dogs out of control rather than to introduce measures which would allow dogs to run free, in certain areas.

Section 17 of the act refers to the power to make bye-laws. Section 17(2)(b) specifically allows a local authority to “specify areas in such part of the functional area of the local authority as may be specified in the bye-laws in which the person in charge of a dog shall be required to keep the dog on a leash.”

The emphasis would therefore appear to be to protect the public against dogs out of control. If Clare County Council were to allow dogs to run free in a particular area and the public also have access to this area the Control of Dogs Act 1986 places a responsibility on the Council to protect the public, in the first instance. (I do also imagine that Clare County Council would have difficulty in getting insurance to cover a situation whereby a dog, such as an Alsatian, could be allowed to run free in an area where another breed of dog might be vulnerable to an attack from such a dog.)

In relation to the area of an information campaign on the law/rules of dog ownership I would point out that Frankie Coote, Dog Warden, goes on Clare FM each week detailing dogs which have been taken into the Dog Pound and which are suitable for re-homing. It can be arranged to incorporate information on the responsibilities associated with dog ownership into these radio announcements.

James Barry,
Senior Staff Officer,Ennistymon Area Office.