Minutes of the February 2023 monthly meeting of Clare County Council

Present

Councillors

Councillors M. Howard, C. Colleran Molloy, P. Murphy, T. O’Callaghan, J. Cooney, P. Hayes, P. Burke, A. O’Callaghan, T. O’Brien, J. Crowe, M. Begley, P.J. Ryan,
P. McMahon, G. Flynn, D. McGettigan, P. O’Gorman, S. Talty, J. Killeen, J. Garrihy, L. Grant, P.J. Kelly, B. Chambers, G. Keating, C. Murphy, I. Lynch.

Officials

• Mr. Pat Dowling, Chief Executive.
• Ms. Ann Reynolds, Meetings Administrator.
• Ms. Margaret O’Rourke, A/Staff Officer.
• Ms. Anne Haugh, Director of Social Development.
• Mr. Liam Conneally, Director of Economic Development.
• Mr. Leonard Cleary, Director of Rural Development.
• Dr. Carmel Kirby, Director of Physical Development.
• Ms. Noeleen Fitzgerald, Director of Finance and Support Services.
• Mr. Adrian Headd, A/Senior Engineer, Social Development.
• Mr. Cyril Feeney, Senior Engineer, Physical Development.
• Mr. Seán Lenihan, Senior Engineer, Physical Development.
• Mr. John Leahy, Senior Engineer, Physical Development.

Present via MS Teams:

Cllrs. J. Flynn, A. Norton and P. Daly.

Presiding

Cathaoirleach, Cllr. T. O’Brien presided and acknowledged the presence of Pat Flynn in the Council Chamber.  The members agreed to photographs being taken by Pat Flynn during the meeting.

Cathaoiorleach, Cllr. T. O’Brien extended sympathy to the Turkish and Syrian communities who have been devastated by earthquakes in recent days and offered thoughts, prayers and empathy to them.  The Cathaoirleach stated that the people of County Clare and their representatives are thinking of them and supporting them at this time.

 

Votes of sympathy

A vote of sympathy was extended to the following:

• The Nestor family Ennis on the death of Tom Nestor RIP - father of Brian Nestor, Machinery Yard
• The Meere family Lissycasey on the death of Ann Meere, RIP - mother of Thomas Meere, Machinery Yard
• The Kelly family, Frure, Lissycasey on the death of Johnny Kelly, RIP.
• The Moriarty family, Lissycasey on the death of Seamus Moriarty. RIP.
• The O’Meara family Sixmilebridge on the death of Noel O’Meara RIP
• The Tuohy family Lahinch on the death of Conor Tuohy RIP
• The Murray family Broadford and O’Callaghans Mills on the death of James (JB) RIP
• The Coffey family, Newmarket on Fergus on the death of Bridget Coffey RIP

Cllr. J. Garrihy extended a vote of sympathy to Cllr. Gabriel Keating on the passing of his brother Vincent Keating, R.I.P. and proposed that the meeting be adjourned for 15 minutes as a mark of respect.  This was seconded by Cllr. P.J. Ryan and agreed by the members present. 

The meeting resumed at 3.25 p.m.

St. Patrick’s Day Parade in New York

It was proposed by Cllr. A. O’Callaghan, seconded by Cllr. P.J. Kelly and agreed by the members that the Cathaoirleach and Chief Executive accept the kind invitation of the County Clare Patriotic, Benevolent and Social Association of New York City to attend the St. Patrick’s Day Parade in New York.

 

Economic Development Network event Philadelphia

It was proposed by Cllr. J. Cooney, seconded by Cllr. J. Crowe and agreed by the members present that the Cathaoirleach attend an Economic Development Network event in Philadelphia.

 

 

Item 1: Minutes of Council Meetings

a.      Ar moladh Cllr. J. Garrihy
Cuidithe ag Cllr. J. Crowe agus glacadh leis

“That the Minutes of the January Meeting of Clare County Council held on 9 January, 2023 be adopted and signed.”

 

Item 2: Matters Arising

Cllr. G. Flynn raised a query in relation to the process involved in expressions of interest and the possibility of putting together an application so that Ennis and Shannon are included in future social housing schemes.

Adrian Headd, A/Senior Engineer, Social Development addressed the meeting and stated that Clare County Council did not qualify for access to social housing funding at a county level but that the Department had recently introduced some flexibility in relation to urban centres greater that 10,000 population. He explained that Clare County Council has commenced the application process for Ennis and Shannon on this basis as there would appear to be appropriate demand.  Mr. Headd referred to the expression of interest survey which had been launched on all media platforms and also involved a leaflet drop and confirmed that over 700 respondents had already completed the survey. The closing date for the survey is February 17^th and the Council will be lodging an application with the Department of Housing shortly thereafter.

P. Dowling, Chief Executive stated that the area of affordable housing is a pressing matter for our communities and that the Council are stressing the need for this and hoped for a positive outcome for the county.

Cllr. G. Flynn thanked the team for the work done to date and felt that Clare Oireachtas Members need to support the work being done by Clare County Council as this will help reduce the housing list.

Item 3: Correspondence/Comhfhreagras

The following correspondence was circulated with the agenda.

1. Correspondence dated 19^th January, 2023 from UL Hospitals in relation to the delivery of healthcare in the Mid-West.
2. Correspondence dated 17^th January, 2023 from the Department of Health regarding Ennis, Nenagh and St. John’s Emergency Departments.
3. Correspondence dated 11^th January, 2023 from Deputy Cathal Crowe concerning the accident and emergency departments at Ennis, Nenagh and St. John’s hospitals.
4. Correspondence dated 25^th January, 2023 from Deputy Michael McNamara regarding the Ennis, Nenagh and St. John’s Emergency Departments.
5. Correspondence dated 18^th January, 2023 from Deputy Michael Lowry in relation to the Ennis, Nenagh and St. John’s Emergency Departments.
6. Correspondence dated 30^th January, 2023 from the HSE in relation to opening the Emergency Departments in Ennis, Nenagh and St. John’s.
7. Acknowledgement dated 11^th January, 2023 from Deputy Joe Carey in relation to opening the Emergency Departments in Ennis, Nenagh and St. John’s.
8. Acknowledgement dated 11^th January, 2023 from Deputy Brian Leddin in relation to opening the Emergency Departments in Ennis, Nenagh and St. John’s.
9. Acknowledgement dated 11^th January, 2023 from Senator Garret Ahearn in relation to opening the Emergency Departments in Ennis, Nenagh and St. John’s.
10. Acknowledgement dated 10^th January, 2023 from Limerick City and County Council in relation to opening the Emergency Departments in Ennis, Nenagh and St. John’s.
11. Acknowledgement dated 12^th January, 2023 from Deputy Maria Byrne in relation to opening the Emergency Departments in Ennis, Nenagh and St. John’s.
12. Acknowledgement dated 11^th January, 2023 from Deputy Michael McNamara in relation to opening the Emergency Departments in Ennis, Nenagh and St. John’s.
13. Acknowledgement dated 10^th January, 2023 from Customer Service Desk, Tipperary County Council in relation to opening the Emergency Departments in Ennis, Nenagh and St. John’s.
14. Acknowledgement dated 11^th January, 2023 from Deputy Violet-Anne Wynne in relation to opening the Emergency Departments in Ennis, Nenagh and St. John’s.
15. Acknowledgement dated 11^th January, 2023 from the Consumer Protection Commission in relation to pricing of high-profile concerts and major events in Ireland.
16. Correspondence dated 27^th January, 2023 from the Competition and Consumer Protection Commission in relation to pricing of high-profile concerts and major events in Ireland.
17. Acknowledgement dated 12^th January, 2023 from the Department of Housing, Local Government and Heritage in relation to query received from Clare County Council.
18. Correspondence dated 1^st February, 2023 from Leonard Cleary, Director of Rural Development in relation to appointment of Consultant for the Local Economic Community Plan (LECP).
19. Resolution circulated by Leitrim County Council in relation to holding referendum on voting rights for Irish citizens abroad.
20. Resolution circulated by Cavan County Council in relation to the provision of long covid clinics.
21. Resolution circulated by Tipperary County Council in relation to the Control of Dogs Act legislation in Ireland.
22. AILG update on February training events – Webinar 1 entitled “Preparing and making Local Area Plans:  Driving Urban and Rural Regeneration” on 24^th February, 2023.
23. AILG 2023 Annual Training Conference taking place in Hotel Kilkenny on 19^th and 20^th April, 2023.
24. AILG 2023 Elected Members Training Programme Module 1 entitled “A Briefing on the Electoral Reform Act” taking place in the Radisson Blue Hotel, Limerick on Saturday 25^th February, 2023.
25. Conference entitled “Climate Action Economic Opportunities – Local Authorities Supporting Enterprise” taking place in the Tullamore Court Hotel, Tullamore, Co. Offaly on 26^th April, 2023.
26. LAMA Spring Seminar taking place in Bantry, Co. Cork on 2^nd – 4^th March, 2023.
27. Major Tourism Conference entitled “Growing your visitors – learning from the best” taking place in the Four Seasons Hotel, Carlingford, Co. Louth on 29^th March, 2023.

 

Item 4: Minutes of Municipal District Meetings

a.         Ar moladh Cllr. C. Colleran Molloy
Cuidithe ag Cllr. M. Howard agus glacadh leis

“That the Minutes of the Ennis Municipal District Meeting held on the 6^th December, 2022 be noted.”

b.                  Ar moladh Cllr. M. Howard
Cuidithe ag Cllr. C. Colleran Molloy agus glacadh leis

“That the Minutes of the Ennis Municipal District Meeting held on the 10^th January, 2023 be noted.”

c.                  Ar moladh Cllr. P. Hayes
Cuidithe ag Cllr. A. O’Callaghan agus glacadh leis

“That the Minutes of the Killaloe Municipal District Meeting held on the 16^th November, 2022 be noted.”           

d.                  Ar moladh Cllr. G. Flynn
Cuidithe ag Cllr. P.J. Ryan agus glacadh leis

“That the Minutes of the Shannon Municipal District Meeting held on the 15^th November, 2022 be noted.”

 

e.                  Ar moladh Cllr. G. Keating
Cuidithe ag Cllr. C. Murphy agus glacadh leis

“That the Minutes of the West Clare Municipal District Meeting held on the 3^rd November, 2022 be noted.”

f.                    Ar moladh Cllr. B. Chambers
Cuidithe ag Cllr. I. Lynch agus glacadh leis

“That the Minutes of the West Clare Municipal District Meeting held on the 11^th November, 2022 be noted.”

 

 

 

Item 5: Minutes of the Corporate Policy Group Meetings

The members noted the minutes of the meeting held on 3^rd January, 2023 as presented.

Item 6: Monthly Management Report

The monthly management report attached to the agenda included key activities in the principal service areas and was noted by the members.

Cllr. C. Murphy acknowledged the achievements of Loop Head in the recent Pride of Place Awards.

Cllr. C. Murphy requested that representatives of “Hemp4soil” be invited to give presentation in the Council Chamber.  Cathaoirleach, Cllr. T. O’Brien advised that a notice of motion be submitted and approved in order to extend invitation to the group to address the Council meeting.

Cllr. C. Murphy referred to planning enforcement numbers and queried how many enforcement cases get retention and how many get planning permission.

Cllr. C. Murphy requested an update from Road Design for the Mount Charles estate.

Cllr. G. Keating congratulated all involved in the “Pride of Place Awards” recently.

Cllr. P. Murphy queried when the Roche Masterplan will be officially unveiled.  Cllr. P. Murphy complimented the Road Design Team on the active travel projects and queried if the Active Travel Officer has been appointed.

Cllr. D. McGettigan requested an update on the fire station in Shannon and recruitment for same.

Cllr. P. Hayes congratulated Loop Head and Scarriff Community Council on their success at the Pride of Place Awards.  Cllr. P. Hayes raised concern in relation to the roundabouts and particularly the exits off the motor way for Tulla and Barefield.  Cllr. Hayes felt that this is an urgent issue as it is not up to standard and requested that an update be sought from TII on this.

Cllr. J. Flynn agreed that clarification be sought from TII in relation to Junction 13.  Cllr. J. Flynn acknowledged the progress on taking in charge at Cappahard and Shanballa, Lahinch Road.

Cllr. J. Garrihy referred to the recent LIS announcement and acknowledged work being done and funding received.  Cllr. Garrihy complimented the team on raising awareness on grants available which are hugely beneficial.  Cllr. J. Garrihy referred to roads damaged recently and asked that additional funding be sought to repair these roads.

Liam Conneally, Director of Economic Development stated that there has been significant engagement with Roche in relation to the Masterplan and noted that there is a market demand assessment being undertaken which will feed into the final Masterplan which will be available in approximately four months.

In relation to planning enforcement, Mr. Conneally stated that the process begins with the issue of a letter, then a warning letter followed by an enforcement notice and then court action.  Mr. Conneally undertook to source final figures for retention and noted that the fee for applying for retention is higher than applying for planning permission.

Dr. C. Kirby, Director of Physical Development informed the meeting that there is ongoing engagement with the NTA in relation to Active Travel Projects.  Dr. Kirby stated that concerns in relation to junctions off the motorway have been submitted to TII.  Dr. Kirby stated that a Feasibility Report on Mount Charles Terrace is being prepared for submission to TII.  Dr. Kirby stated that discussions are ongoing with the NTA and the Department of Transport in relation to the damage to roads.

Referring to the recruitment drive for firefighters in Shannon, Dr. Kirby stated that there is continuous engagement with businesses and backup cover is in place.

Item 7: Disposal of property at Ardnaculla North, Woodmount, Ennistymon, Co. Clare pursuant to Section 183 of the Local Government Act, 2001 and Section 211 of the Planning & Development Act, 2000. 

Report dated 18^th January, 2023 from Carmel Greene, Senior Executive Officer, Property Management Unit was circulated with the agenda together with map.  The report states that it is proposed to dispose of property at Ardnaculla North, Woodmount, Ennistymon, Co. Clare to Mark and Tina Wright, Furglan, Lahinch, Co. Clare subject to the conditions as set out in the notice served on the members dated 18^th January, 2023.

Ar moladh Cllr. S. Talty
Cuidithe ag Cllr. J. Garrihy agus glacadh leis

“Notice having been served pursuant to Section 183 of the Local Government Act, 2001, Clare County Council approves pursuant to the powers vested on it at Section 211 of the Planning & Development Act, 2000 as amended, of disposal of property at Ardnaculla North, Woodmount, Ennistymon, Co. Clare to Mark and Tina Wright, Furglan, Lahinch, Co. Clare subject to the conditions as set out in the notice served on the members dated 18^th January, 2023.” 

Item 8: Disposal of building (by lease) at Carrowkeel West, Inagh, Co. Clare pursuant to Section 183 of the Local Government Act, 2001 and Section 211 of the Planning & Development Act, 2000. 

Report dated 18^th January, 2023 from Carmel Greene, Senior Executive Officer, Property Management Unit was circulated with the agenda together with map.  The report states that it is proposed to dispose of building (by lease) at Carrowkeel West, Inagh, Co. Clare to Irish Housing Association, Croilar, Mountshannon, Co. Clare subject to the conditions as set out in the notice served on the members dated 18^th January, 2023.

Ar moladh Cllr. S. Talty
Cuidithe ag Cllr. J. Garrihy agus glacadh leis

“Notice having been served pursuant to Section 183 of the Local Government Act, 2001, Clare County Council approves pursuant to the powers vested on it at Section 211 of the Planning & Development Act, 2000 as amended, of disposal of property (by lease) at Carrowkeel West, Inagh, Co. Clare to Inis Housing Association, Croilar, Mountshannon, Co. Clare subject to the conditions as set out in the notice served on the members dated 18^th January, 2023.” 

Item 9: Consideration of report in accordance with Part XI, Section 179 of the Planning and Development Act 2000, as amended, and Part VIII, Article 80 and 81 of the Planning & Development Regulations 2001-2013 for the proposed development in Market Square and site adjoining the L4024 and R352 roadways, Scarriff, Co. Clare.

 

Report dated 7^th February, 2023 from Brian McCarthy, Senior Planner and Killaloe Municipal District Co-ordinator was circulated with the agenda together with the Chief Executive’s report dated 7^th February, 2023 (including Clare County Council’s appropriate assessment and determination), which had been prepared by Helen Quinn, A/Senior Planner, under Delegation Order HR151 dated 9^th April 2021.   The reports outline details of a proposed development in Market Square, Scarriff and adjacent green field site bordering the L4024 and R352 roadways and the members were asked if there were any issues that they wished to raise in respect of the report circulated.

As the Chief Executive’s report had been duly considered by the members, in accordance with Section 179 of the Planning and Development Act 2000, as amended, and Part VIII, Article 80 and 81 of the Planning & Development Regulations 2001, as amended, and as there was no proposal to vary or modify the development, and as there was no proposal to refuse the development, accordingly, the development can proceed as outlined.

Item 10: Consideration of report in accordance with Part XI, Section 179 of the Planning and Development Act 2000, as amended, and Part VIII, Article 80 and 81 of the Planning & Development Regulations 2001-2013 for the proposed development in Drumgeely, Shannon, Co. Clare.

 

Report dated 13^th February, 2023 from Tom Mellett, Senior Executive Engineer, Shannon Municipal District was circulated with the agenda together with the Chief Executive’s report dated 17^th January, 2023 (including Clare County Council’s appropriate assessment and determination), which had been prepared by Helen Quinn, A/Senior Planner, under Delegation Order HR151 dated 9^th April 2021.   The reports outline details of a proposed development in Drumgeely, Shannon, Co. Clare and the members were asked if there were any issues that they wished to raise in respect of the report circulated.

As the Chief Executive’s report had been duly considered by the members, in accordance with Section 179 of the Planning and Development Act 2000, as amended, and Part VIII, Article 80 and 81 of the Planning & Development Regulations 2001, as amended, and as there was no proposal to vary or modify the development, and as there was no proposal to refuse the development, accordingly, the development can proceed as outlined.

Item 11: Schedule date for April Council Meeting.

 

It was agreed that the April Council meeting will take place on Monday, 3^rd April, 2023 having been proposed by Cllr. G. Keating, seconded by Cllr. J. Cooney and agreed by the members present.

Item 12: Adoption of Clare Culture and Creativity Strategy 2023 – 2027.

Report dated 30^th January, 2023 from Helen Walsh, County Librarian, Creative Ireland Co-ordinator was circulated with the agenda together with the Clare Culture and Creativity Strategy 2023 – 2027.  The report states that the drafting of a Culture and Creativity Strategy is a requirement for each local authority in support of the government’s initiative to support healthy, resilient communities. This supports Pillar 2 of a 5 Pillar programme, whereby the local authority is tasked with enabling creativity in every community. Clare County Council operates a service level agreement with the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media to deliver on this strategy. Grant aid in excess of €170,000 is received each year to run the programme with a proportion of this allocation going to community groups and individuals for creative projects. 

The report continues that the strategy was drafted between June - October 2022 and approved by the Social Development Strategic Policy Committee on 6^th December 2022. The complete set of Local Authority Culture and Creativity Strategies for 2023 - 2027 will be officially launched on 23^rd February in Dublin.

Ar moladh Cllr. G. Flynn
Cuidithe ag Cllr. I. Lynch agus glacadh leis

“That the Clare Culture and Creativity Strategy 2023 – 2027 be adopted.”

Item 13: Introduction of Uber-style service.

Ar moladh Cllr. P. Murphy
Cuidithe ag Cllr. A. O’Callaghan agus glacadh leis

"That Clare County Council call on the Minister for Transport and other relevant Government Departments to consider the introduction of an Uber-style service to help in addressing the transport crisis. This should be supported by a taxi taskforce that needs to look at why people are exiting the trade and how to reinvigorate such an essential service". (M)

Cllr. P. Murphy noted the recent announcement in relation to a proposed rural hackney service being piloted and welcomed the prospect of alternative means of transport being available in order to reduce rural isolation and assist vulnerable people in their daily lives.

The elected members agreed that localized services are required as rural areas are struggling to get transport systems.

Item 14: Policy considerations for planning applications.

Ar moladh Cllr. P.J. Kelly

"That the Director of Service for Planning and Economic Development provide a written report on the following:

1. A) The comprehensive considerations and reasons which led to the proposal to have separate policy considerations for planning applications from residents of holdings under 12 hectare and over 12 hectare.
2. B) If the apparent unequal treatment was considered to be ethical” (Q)

Liam Conneally, Director of Economic Development replied as follows:

“For ease of reference I have set out below the extract from the Draft Clare County Development Plan 2023-2029 which details the considerations and reasons whereby potential applicants may be assessed for a single rural house on the basis of their economic need resulting from their agricultural activity.  The objectives relating to single rural housing as set out in the Draft Clare County Development Plan 2023-2029 are in line with RPO19 of the Government’s National Planning Framework, with which the Planning Authority is required to be consistent as per Section 10 of the Planning and Development Act 2000 (as amended).

The making of the Development Plan is a statutory process as set out in the Planning and Development Act 2000, as amended.  The inclusion of specific policy objectives must be considered as part of that statutory process.  This issue relating to the 12 hectare holding is a matter for consideration by the Members within the statutory Clare County Development Plan making process. I wish to acknowledge the comprehensive work of the Members over the last two and a half years in the preparation of the Draft Clare County Development Plan 2023-2029, a progressive document which will in the coming 6 years guide the future development of our growing communities and economy across the County.

I am confident that in the preparation of the Draft Clare County Development Plan 2023 – 2026 the Members and Employees of Clare County Council are in compliance with the Codes of Conduct for Councillors and Employees and Part 15 of the Local Government Act 2001 - Ethical Framework for the Local Government Service. I note the requirement of Section 168 of the 2001 act which states:

“In carrying out their functions under this or any other enactment, it is the duty of every member and every employee of a local authority and of every member of every committee to maintain proper standards of integrity, conduct and concern for the public interest.”

It is a matter for all members and employees to satisfy themselves in respect of the above requirements and to act in an ethical manner in exercising their functions. 

Cllr. P.J. Kelly thanked the Director of Economic Development for his response and noted that it is a matter for all members and employees to satisfy themselves in respect of the requirements and to act in an ethical manner in exercising their functions.  

Item 15: Rent increases.

Ar moladh Cllr. L. Grant
Cuidithe ag Cllr. S. Talty agus glacadh leis

“Call on Clare County Council to write to Darragh O'Brien the Minister for Housing and ask him to put a cap on rent increases nationally for the remainder of the housing crisis. People across the county are getting rent increases of up to and over 100% and this is morally wrong and shouldn’t be allowed. The legislation around Rent Pressure Zones does very little to help with rent pressure in rural towns and villages. A national emergency policy is needed to cap rent increases.

I would also ask that the ban on evictions be extended until the new legislation on short term lets comes into full effect. I am worried that there will be mass evictions in April of this year which will result in a huge demand for rental accommodation all at once and we could end up with a surge in homelessness.” (M)

The elected members felt that there needs to be restrictions on the amount that rent can be increased and they felt that the current level of rent increases being experienced by tenants is morally wrong.    The members also predicted a potential crisis in summer as the seasonal tourism sector cannot attract staff due to the lack of rental accommodation available.  The members agreed that there needs to be a short-term solution in order to look after people about to loose their homes.  Concern was expressed regarding the number of people exiting the landlord market.

Item 16: Wind Energy Strategy.

Ar moladh Cllr. T. O’Brien
Cuidithe ag Cllrs. J. Cooney, P. Hayes, P. Burke agus A. O’Callaghan agus glacadh leis

“In the Clare County Development Plan 2017 - 2023 volume 5 titled Wind Energy Strategy a number of objectives are outlined. Two objectives included are: 

1. To support a planned approach to wind energy development in County Clare predicated on the optimal harnessing of the countys wind energy resource, and at a minimum requiring that 40% of the countys electricity needs can be met from wind farms.
2. To recommend that a working target of 550MW of wind energy is harnessed County Clare to enable the county to make the initial steps toward a low carbon economy by 2020.

We would ask the Director for Planning and Economic Development to update the council as to where we are in relation to those targets.” (Q)

Liam Conneally, Director of Economic Development replied as follows:

“The objectives referred to are two of a number of objectives that are set out in the Clare Wind Energy Strategy.

The existing Wind Energy Strategy was originally prepared in 2009 and incorporated into the then 2005 - 2011 Clare County Development Plan by means of a Plan Variation. This Strategy was then incorporated into the current Development Plan, in line with Department Circular Letter PL 20-13. The Planning Authority is preparing the Draft 2023-2029 County Development Plan, and as per Circular PL 20-13, await the publication of the finalised Minister’s Section 28 Wind Energy Guidelines, before preparing a new or updated Wind Energy Strategy.

This Council is committed to reviewing the Strategy once the new National Wind Energy Guidelines are issued. When reviewing the Wind Energy Strategy, Clare County Council will take account of all relevant factors including:

Landscape capacity and visual impacts, including cumulative impacts;

Potential of repowering for existing wind farms, including relevant environmental considerations;

Technological advances in wind and other forms of renewable electricity generation.

The existing Wind Energy Strategy as part of the current development plan therefore remains the planning policy framework that guides wind energy development applications in County Clare.

In terms of the specific objectives as queried, from examination of developed windfarms in the County it is noted that a total of 153MW of wind energy has been installed. There are a number of wind farm applications that have been permitted but not constructed, and also a number going through the planning/appeal stages. Based on constructed, permitted and proposed windfarm developments there is a potential capacity of 347MW to be installed by 2030. It should be noted that to meet the required level of emissions reduction by 2030, the Climate Action Plan requires an increase in electricity generated from renewable resources to 80% of all generation.

As it currently stands therefore the existing Wind Energy Strategy has provided for a successful plan-led approach towards the development of renewables. By increasing the generation of renewables within County Clare we will make ourselves attractive for green power investments, help to reduce national dependence on fossil fuels and play a significant role in meeting the targets as set out in the Government’s Climate Action Plan.

In relation to renewable energy projects generally, I consider that targets should not be a ceiling and in the event of significant progress being made towards the overall goal of a low carbon economy through renewable energy generation, new projects should not be influenced by the targets being exceeded. The availability of green power in Co. Clare will make us an attractive investment location.”

The members noted that the Clare Wind Energy Strategy was adopted fourteen years ago and that there was no energy crisis or move to green energy back then.  The members agreed that an up to date wind energy strategy is needed.  The members outlined details of the burden and concern being experienced by communities when the construction of windfarms is being proposed due to the obtrusive affect on the landscape and the impact on the community during construction.  The members queried why communities are being upset by the construction of windfarms if offshore energy is going to be exported in a few years.  An update on Moneypoint was requested and queries were raised with regard to the permitted height of turbines. 

1. Conneally, Director of Economic Development noted the genuine concerns being raised by the members in relation to visual impact, height and lifetime of wind turbines.  Mr. Conneally stated that the Council will not have consideration regarding height and power outage of wind turbines until Government guidelines become available.   Mr. Conneally noted that that terrestrial land based operations will happen in the short term, that renewable energy is the future of power generation and that the technology being created in the market has the capacity to harness off shore energy.  Mr. Conneally stated that all aspects are taken into account at planning stage and that developers are encouraged to engage with communities at the earliest possible opportunity.
2. Dowling, Chief Executive stated that there can be significant community gain to be availed of from land based wind farms and that offshore wind energy is the future.  Mr. Dowling undertook to bring the update from Moneypoint to the members in the coming weeks.

Item 17: Ash trees

Ar moladh Cllr. A. O’Callaghan
Cuidithe ag Cllr. J. Cooney agus glacadh leis

“In light of recent weather warning where ash die back trees are a huge health and safety concern to roads users in road-side hedges, public areas etc, that this Council would write to the Minster for Housing and Local Government to put in place a policy to remove all ash trees immediately and also create funding for same.” (M)

The elected members agreed that a policy should be established on how to deal with ash die back disease and that a programme should be commenced in Municipal Districts to remove the trees that compromise road safety.  The members agreed that financial support is needed to deal with this problem and that roadside trees and hedges should be cut to a standard height.

Dr. C. Kirby stated that ash die back disease is prevalent countrywide and that research is currently being undertaken by Teagasc.  Dr. Kirby noted that financial support is available for re-planting forestry.  Dr. Kirby stated that there is an obligation on landowners and occupiers of land to fell hazardous trees.

Item 18: Control of dogs.

Ar moladh Cllr. G. Flynn
Cuidithe ag Cllrs. J. Garrihy, J. Crowe agus J. Flynn agus glacadh leis

“We are calling on Clare County Council to urgently put in place an awareness campaign for dog owners throughout the County in regards to Control of Dogs in public places. We are also requesting the introduction of bye-laws by the Council to make it compulsory for people in charge of dogs in public places to have all dogs on a lead & listed dangerous breeds muzzled and also the banning of extendable leads.

We are also calling on the Minister for Rural & Community Development Heather Humphrey's and the Minister for Agriculture, Food & Marine Charlie McConalogue to urgently review the Control of Dogs Act in view of the harrowing scenes been witnessed over many years when children have been seriously injured and at times with tragic outcome. Attacks on humans has risen over the years and action is needed. The farming community have also suffered savage attacks on livestock and this has had devastating effects on the farming community. The Government need to protect the public from dog attacks and have the laws reviewed and properly enforced in order to eliminate the serious risk posed by dogs out of control.” (M)

Cyril Feeney, Senior Engineer, Physical Development replied as follows:

“During 2021, Clare County Council along with Limerick City and County Council, Cork County Council, and Tipperary County Council collaborated on a new campaign on dog owner responsibility. Cleaning up after your dog and keeping control of your dog were the key messages of the campaign. This campaign material continues to be regularly promoted across Clare County Council social media channels as well as newspapers circulating in the county. As part of the awareness campaign a presentation was also developed for delivery to schools. The graphics developed for the campaign are available to communities who wish to raise awareness in their locality. We will ensure that this campaign will continue to be actively promoted.

Under Statutory Instrument No 442/1998, Control of Dogs, the owners of certain breeds of dogs are required to have such dogs muzzled and be led by a sufficiently strong chain or leash, not exceeding two metres in length, by a person over the age of sixteen years who is capable of controlling the said dog while in a public place. The dog must also wear a collar with the name and address of their owner, at all times. The prescribed dogs or strains and crosses of them listed in the Regulations are as follows;

• American pit bull terrier
• English bull terrier
• Staffordshire bull terrier
• Bull mastiff
• Dobermann pinscher
• German shepherd (Alsatian)
• Rhodesian ridgeback
• Rottweiler
• Japanese akita
• Japanese tosa
• Bandog

Therefore, I do not believe that there is a requirement to introduce specific bye laws to deal with dangerous breeds at this time as they are already covered by legislation.

However, with respect to making it compulsory to have dogs in general on a leash in a public place, it may prove difficult to implement bye laws in this regard.

Under Section 17 of the Control of Dogs Act a local authority may make bye laws relating to the control of dogs.

 

	17.- (1) A local authority may make bye-laws relating to the control of dogs within its functional area.
(2) Without prejudice to the generality of subsection (1) of this section, bye-laws made under this section may make provision for all or any of the following matters:
(a) require the person in charge of a dog to have the faeces removed immediately where the dog has fouled a public place which is situate in such part of the functional area of the local authority as may be specified in the bye-laws;
(b) 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;
(c) specify areas in such part of the functional area of the local authority as may be specified in the bye-laws in which a dog, other than a dog being used by a blind person or by a person whose eyesight is so defective that he is unable to find his way without guidance for guidance, shall not be allowed.

Section 17(2)(a) is covered by Section 22 of the Litter pollution Act 1997 and therefore there is no requirement to make bye laws for that provision. Under section 17(2)(b) the Act gives powers to specify areas in which the person in charge of a dog shall be required to keep it on a leash.

The request in the Notice of Motion is to require dogs to be leashed in all public places. Under the Control of Dogs Act 1986 the definition of a public place is given as follows;

“A public place means any street, road, seashore, park, land, field or other place to which the public have access, whether by right or by permission, and whether subject to or free of charge”.

The designation of requiring dogs to be leashed in every public place would not in my opinion meet the specificity requirement outlined in section 17(2)(b) of the Act considering the very broad definition of a public place.

Clare County Council have previously exercised the provision of Section 17(2)(b) to require dog owners to keep dogs on a leash under section 3.6.1 of the Beach Bye Laws where the designated areas are clearly defined by specific maps and thus meet the requirements of section 17(2)(b).

The proposal to ban extendable leads would also not be covered by the general provisions of section 17 in that there is no specific reference to the types of leash which could be covered by the bye law. In addition under Statutory Instrument No 442/1998 mentioned previously there is an acceptance that a lead can be 2 meters long and a bye law could not be enacted restricting that length which would be contrary to Section 199(2)(b) of the Local Government Act 2001.

I note the request of Minister for Rural & Community Development Heather Humphrey's and the Minister for Agriculture, Food & Marine Charlie McConalogue. The Ministers have agreed to establish a working group that will examine issues such as fines under the Control of Dogs Act, enforcement at local authority level, the provision of dog wardens, microchipping, promoting responsible dog ownership and licences. I recommend that we wait for the recommendations from that working group which will better inform what steps we may need to take in the future regarding the control of dogs.”

The elected members felt that the law is clear but is not being enforced and agreed that the number of dog attacks could be reduced if laws were enforced.  The members referred to the harrowing stories being disclosed and stated that the frequent attacks on humans and livestock is not acceptable.  The elected members noted that the majority of Irish people look after their dogs and felt that there should be consequences for the minority who do not control their dogs.  The members felt that more resources are required to enforce the legislation.

P. Dowling, Chief Executive noted the strong sentiment being expressed and felt that as a civic authority Clare County Council has a duty of care to the people in our county.  Mr. Dowling stated that bye-laws are difficult to implement and that every dog is the responsibility of its owner.  Mr. Dowling undertook to see how Clare County Council can take action to address and mitigate some of this danger as it affects people and animals. 

Item 19: Apprenticeships.

Ar moladh Cllr. P. McMahon
Cuidithe ag Cllr. J. Cooney agus glacadh leis

“That Clare County Council call on the Government to make apprenticeships more attractive for young people and employers." (M)

The elected members agreed that apprenticeships are vital for the economy and expressed concern at the current shortfall in tradesmen.  The members felt that several young people have the necessary skills but they opt to go to third level education instead of taking up apprenticeships as they want to participate in sport and interests associated with college life.   The members felt that young people should be encouraged to take up apprenticeships at home and in secondary school and that the government should offer incentives to companies to employ apprentices and provide on the job training.

P. Dowling, Chief Executive stated that the current situation reflects the reality of the present era and agreed that the apprenticeship scheme needs regulation. 

Item 20.  Enforcement of permanent occupancy clause.

Ar moladh Cllr. C. Murphy
Cuidithe ag Cllrs. I. Lynch agus L. Grant agus glacadh leis

“Given the restrictions being placed on many communities with regards to future housing and population targets, that a rigorous policy of enforcement is applied to the permanent occupancy clause in settlements where an over concentration of holiday homes has been identified, to ensure all new developments deliver the maximum opportunity for a sustainable permanent population within those settlements.” (M)

Liam Conneally, Director of Economic Development replied as follows:

“Under Objective CDP 4.13 of the current Development Plan, Kilkee, Liscannor and Querrin are the specific settlements as to where an oversupply of holiday homes has been identified and where only dwellings for permanent occupation will be permitted. However, under Objective CDP 5.14 of the new Draft Development Plan, a similar policy is proposed but now takes in more towns and villages:

In settlements where an overconcentration of holiday homes has been identified, namely Ballyvaughan, Bellharbour, Bunratty, Carrigaholt, Doolin, Doonbeg, Fanore, Kilkee, Lahinch, Liscannor, Mountshannon, Querrin and Spanish Point to permit new residential development for permanent occupancy only;

As it currently stands, planning applications permitted for dwellings within Kilkee, Liscannor and Querrin are subject to an occupancy clause restricting the use of these dwellings to permanent occupancy. The enforcement of these conditions is a function of the Planning Authority under the Planning Acts, and we have a number of on-going cases with respect to alleged unauthorised occupancy of dwellings and/or their use for short term or holiday lets.

The penalties for offences are set out under Section 156 of the Planning Act which provides substantial fines on conviction and including fines of up to €1500 per day for continuation of an unauthorised development.

It should be noted however that the prosecution of planning cases through the Courts has a number of challenges. The onus is on the Planning Authority to collate the relevant evidence (this evidence is likely to be legally contested) in order to prove that unauthorised occupancy or development has occurred i.e. short-term letting. Evidence gathering in some cases has proven difficult however, the Local Authority will work with relevant statutory bodies to assist in the assessment and enforcement of any complaints of alleged unauthorised developments.

Furthermore, as part of the implementation of the new Clare County Development Plan 2023 - 2029, it is proposed to review planning conditions in respect of developments within the settlements identified above. This will entail stricter conditions and the entering of Section 47 legal agreements for the occupation of the dwelling units. The members will be kept updated on same.

I hope that my reply addresses what is an ever increasing planning enforcement issue in Co. Clare.”

The elected members agreed that Clare is a well respected tourism county which can lead to challenges in relation to housing and recognized the imbalance in some residential settlements.  The members noted that the permanent occupancy clause is being flouted in some areas and felt that Clare County Council needs to be more progressive and aggressive in enforcing this clause in the 13 settlements proposed in the new County Development Plan.

L. Conneally, Director of Economic Development noted that there will be an increase in the number of settlements whereby new residential development will be for permanent occupancy only.  Mr. Conneally stated that the planning enforcement unit will commit to enforcement of this clause and noted that the elected members and permanent residents assistance will be required in order to support the Councils endeavours to enforce these issues.

Item 21: Residential Zoned Land Tax.

Ar moladh Cllr. I. Lynch
Cuidithe ag Cllr. M. Begley agus glacadh leis

“Clare County Council call on the Ministers for the Department of Housing, Local Government and Heritage and the Department of Finance to scrap the current proposed Residential Zoned Land Tax due to the undemocratic anomaly in the Taxes Consolidation Act 1997 – Finance Act 2022 Edition - Part 22A section 653I – Zoning Submissions, where submissions are only available on the draft and supplemental map.

In some cases, as the case in Clare, both the draft and supplemental maps are based on the 2017 County Development Plan, however the final zoning map will be based on the 2023 County Development Plan which contains additional zoned lands, however, landowners are precluded from making submissions at this point as submissions are only applicable to the draft and supplement maps of which lands.

The development of the County Development Plan and the Residential Zoned Land Tax are separate and independent processes with the details of the Zoned Land Tax emerging after the finalisation of draft County Development plans, again precluding landowners their right to make an informed submission in relation to their lands.” (M)

The elected members noted that as Clare County Council availed of the derogation in relation to the County Development Plan due to Covid-19 the land tax does not coincide with the new Plan and outlined the confusion this will cause.  The members felt that the process is distorted and that the Minister should allow people to make submissions with regard to the new plan. 

Item 22: Assessment of level of dereliction and/or vacancy of over the shop commercial premises.

Ar moladh Cllr. C. Murphy
Cuidithe ag Cllr. L. Grant agus glacadh leis

“That an assessment of the level of dereliction and/or vacancy of over the shop commercial premises be undertaken in a number of urban settlements in the county.” (M)

Liam Conneally, Director of Economic Development replied as follows:

“Clare County Council has completed a number of recent Town Centre Healthchecks across urban settlements including Ennis, Kilrush, Sixmilebridge and Killaloe.

The recently published national Vacant Homes Action Plan 2023 to 2026 identifies the actions to be pursued in order to continue to return as many recoverable vacant properties back to viable use as possible, increase the supply of housing available, while also revitalising the vibrancy of local communities. In addition, Town Centre First - A Policy Approach for Irish Towns (2022) provides a co-ordinated, whole-of-government policy framework to proactively address the decline in the health of towns across Ireland and supports measures to regenerate and revitalise them, including the re-use and regeneration of vacant and derelict buildings. The implementation of a strategic approach to town centre regeneration through utilising existing buildings, addressing vibrancy and future function while promoting residential occupancy, are all central elements to securing a sustainable future for towns and villages.

The challenges in addressing vacancy are varied and complex and having an accurate picture in terms of data is vital. There are a number of sources of data on vacancy and various definitions of vacancy and various data collection methodologies are used. There are difficulties in identifying and classifying vacant buildings, particularly upper floors of a building as some may be used as holiday homes, storage, for sale or letting etc.  A new experimental vacancy indicator is currently being developed by the Central Statistics Office (CSO) which will be based on electricity consumption data for all connected meters.

The Finance Bill 2022 contains measures for the introduction of a new vacant homes tax and for a register of vacant homes to be established and maintained by the Revenue Commissioners, to include their associated chargeable persons. This data will allow the number of vacant properties to be measured and monitored. It will contribute to a better understanding of the number of vacant residential properties, the location of these properties and the reasons why these properties are vacant. The legislation also includes a provision for the exchange of information between the Revenue Commissioners and the Minister for Housing, Local Government and Heritage and local authorities for the purposes of administering the tax and maintaining the register.  This will provide valuable information to the local authorities for settlements in County Clare.

The Town Centre First (TCF) Framework is aligned to this; the National TCF Office is currently tasked to deliver a national toolkit and mechanisms for developing improved data on towns in order to provide an on-going evidence base, including a proposed national Health Check model to assist in developing a consistent and comparable data set across towns. This will help us better understand our towns, inform policy and guide the implementation of the TCF Policy locally. The collection of data for urban settlements that is being assessed under Town Centre First framework, and currently across TCF Pathfinder towns, is being done by carrying out Health Checks, including the use of data from what is available from the CSO Census data, Geo directory, Rates Department, Local Property Tax returns etc. Is intended that any towns identified for future Town Centre First Master-planning would require the completion of a detailed Healthcheck in line with the Heritage Council’s Town Centre Healthcheck model as a minimum. This includes a land-use and vacancy survey. It is envisaged that up to 2 towns/urban settlements will be identified for Town Centre First funding on an annual basis.”

The elected members noted that there are abject levels of vacancy and dereliction in towns and villages and felt that a mechanism needs to be created to deal with this.  The members agreed that the challenges in making vacant and derelict buildings functional needs to be identified and that supports are needed to meet the cost of re-mediating these difficulties.

L. Conneally, Director of Economic Development agreed that information regarding the amount of vacancy in County Clare must be compiled and that a register of vacant homes needs to be established.  Mr. Conneally undertook to resource this initiative and to work with revenue commissioners in order to reduce vacancy in our towns and villages.

 

Item 23: Waiting list/time for driving test applicants.

Ar moladh Cllr. P.J. Ryan
Cuidithe ag Cllr. A. O’Callaghan agus glacadh leis

“That this council would request Minister Eamon Ryan to immediately look into the serious situation regarding driving test applicants as the waiting list/time is excessively long” (M)

The elected members discussed the length of time people are waiting to sit their driving test and the inconvenience this is causing.  The members agreed that additional testers should be appointed.

 

It was proposed by Cllr. C. Colleran Molloy, seconded by Cllr. P. O’Gorman and agreed by the members present that the meeting be extended until 6.30 p.m.

Item 24: Support family friendly tourists.

Ar moladh Cllr. T. O’Callaghan
Cuidithe ag Cllr. C. Murphy agus glacadh leis

“Low-Cost Camping Area: -

That Clare County Council would identify potential sites throughout the county both Urban and Rural locations suitable in providing:

 - an off-street parking area in a controlled environment.

 - means of waste disposal (for motor homes, chemical toilet and grey water)

 -  a water fill point

This initiative would support family friendly tourists from home and abroad creating much needed economic activity in our local rural and urban communities.” (M)

Deirdre O’Shea, Head of Tourism replied as follows:

“Tourism is a very significant economic driver for County Clare. The Clare Tourism Strategy 2030 sets out targets and objectives for sustainable tourism and seeks to maximise and where necessary leverage opportunities to build a strong visitor base across all visitor segments. Repucon Consulting has been appointed by the Tourism Department of Clare County Council to undertake a comprehensive assessment of Motorhome and Campervan service provision in County Clare. The report will consider opportunities for the future provision of Motorhome and Campervan Services in the county, and possible mechanisms to deliver this.

To date, an audit of all existing formal and informal provision has been undertaken, and from this a baseline of registered service providers and known non-registered locations will be developed. A programme of secondary research has been undertaken to identify trends and best practice examples in service provision, nationally and internationally. Planned future elements of the project include a survey of motorhome and campervan visitors to identify their requirements, economic impacts, functional requirements as highlighted above and visitor motivations when planning their trip to County Clare.

Repucon Consulting will make an initial briefing to elected members in each Municipal District providing an overview of the project and inviting inputs from elected representatives. The outcome of the comprehensive assessment will show how best the Motorhome and Campervan sector can deliver for County Clare in the short, medium and longer term.”

The elected members discussed the benefits of camping and felt that this initiative could drive opportunities to utilize existing infrastructure and generate revenue in local communities.  The members agreed that this would be a welcome tourism benefit if services are provided.  The members were mindful of villages in North Clare who have difficulty with parking motor homes and obstructing traffic during the tourism season.

Item 25: Free bulky waste amnesty.

Ar moladh Cllr. D. McGettigan
Cuidithe ag Cllr. G. Flynn agus glacadh leis

“I call on Clare County Council to seek funding through the Department of the Environment, Climate and Communications to have a free bulky waste amnesty at key locations once or twice per year. 

This will help alleviate the ongoing issues with illegal dumping and the effect it is having on our environment, this may also help with the cost of clean-up and would lead to a reduction of bulky waste ending up on our bonfires.” (M)

Cyril Feeney, Senior Engineer, Physical Development replied as follows:

“Clare County Council, supported by the Department of Environment, Climate and Communications Anti-Dumping initiative, have provided amnesty days over the last 5 years at various locations around the county.

The amnesty days are advertised on our social media platforms and are well supported by the local communities.

The amnesty days have dealt with mattresses, bulky waste furniture and hazardous waste. In that space of time, we have collected 2,148 mattresses and 13 tonnes of bulky furniture at a cost of approximately €50,000.

It is our intention to continue with this initiative annually subject to Department funding.”

Cllr. D. McGettigan requested that the notice of motion be amended to read as follows:

“I call on Clare County Council to seek funding through the Department of the Environment, Climate and Communications to have a free bulky waste amnesty at key locations in towns and villages once or twice per year. 

This will help alleviate the ongoing issues with illegal dumping and the effect it is having on our environment, this may also help with the cost of clean-up and would lead to a reduction of bulky waste ending up on our bonfires.” (M)

This was agreed by the members present.  The members noted that this service should be made available to towns and villages who can supply a secure location.

Item 26: Formation of Town Teams.

Ar moladh Cllr. J. Garrihy
Cuidithe ag Cllr. D. McGettigan agus glacadh leis

“I call on Clare County Council to lead on the formation of Town Teams across the County in Towns who do not have this forum. I particularly call for urgency in the establishment of these forums under the leadership and guidance of Clare County Council in the towns of Shannon, Kilkee, Lisdoonvarna and Miltown Malbay where there is urgent need for such a community level representative body where issues of local importance and appropriate to agreed Terms of Reference of the forum can be dealt with within insofar as possible an informed and supported environment for the benefit of all.” (M)

Liam Conneally, Director of Economic Development and Leonard Cleary, Director of Rural Development replied as follows:

“The Rural & Community Development Officers are available to support Communities in the formation of Town Teams across the County. This can be a new community/business group, an existing community group or a collection of community groups working together to improve their locality as leaders and facilitators of positive change. The Rural & Community Development Officers are already supporting the Town Regeneration Officer in this approach and will be actively involved in the establishment of Town Teams under the Town Centre First Policy and its alignment with the Renewed Clare Rural Development Strategy.

Likewise, under Town Centre First {TCF) Government initiative, the Town Regeneration Officer is currently working in collaboration with the Rural and Community Development Officers, and Clare Local Development Company, in the establishment of Town Teams for those towns initially identified under the Town Centre First framework in Clare; to date these include the town teams of Sixmilebridge and Shannon. Through the TCF national framework, the Town Regeneration Officer will co-ordinate communications, administrative and project management support to participating Town Teams - including to support and facilitate the initial establishment or reconfiguration of the teams, as well as ongoing capacity building. The aforementioned towns either have or are in the process of developing a Town Centre Masterplan and it is the intention that the key actions identified within these plans will be driven by the local community and businesses as part of these Town Teams. They will be supported by the Town Regeneration Officer {TRO) and cross-directorate expertise across Clare County Council.

As part of ongoing planning for town regeneration in Clare under Town Centre First, it is intended that workshops will be held at various locations across Clare commencing in Ql 2023. These will be co­ ordinated by the Town Regeneration Officer and the Rural & Community Development Officers working in unison. Members of the local communities and businesses will be invited to a briefing on the Town Centre First framework, the structure and establishment of Town Teams, and key requirements in the development of Town Plans going forward. The prioritisation of towns eligible for Town Centre First funding to deliver a full Town Centre Masterplan will be assessed against Government criteria and align to the objectives identified within Clare's Renewed Rural Development Strategy to 2026.”

The elected members welcomed the support for Town Teams as they felt that solid Town Teams are a trusted forum to provide clear factual information on what is happening in their communities as they have the potential to engage with communities and create links.

The members agreed that leadership and a professional skill set is the key to town teams working well.

P. Dowling, Chief Executive informed the members that there is a skill set in local authorities to manage communities and that Clare County Council is very involved in a leadership role in town structures and that the role of the Councillor is paramount within that.  Mr. Dowling stated that the Town Teams mechanism gives the Council an opportunity to lead the process so that all stakeholders are involved.

 

Item 27: Shannon College of Hotel Management.

Ar moladh Cllr. P. O’Gorman
Cuidithe ag Cllrs. D. McGettigan, P.J. Ryan, M. Begley agus P. McMahon agus glacadh leis

“As you know, the University of Galway took Shannon College of Hotel Management into their portfolio back in 2014.

The college has been in existence for over 70 years and is synonymous with Shannon Airport. It is the only university level college in County, Clare. The college has developed a reputation internationally, which is synonymous with Shannon, and indeed the logo of the college has always reflected this association.

Under a recent rebranding at the University of Galway, Shannon College of Hotel Management has now been told that they are to relinquish the logo of many years.

In the next number of weeks, new signage and branding is to appear on the college buildings at the airport. The signage and branding will replace the Shannon logo with the logo of the University of Galway.

As a direct result of this change, much confusion will be caused in the international market for students. Already there is evidence that international students seeking to study at Shannon are under the illusion that the hotel school is now situated in Galway!!

I believe that the Shannon College of hotel management has made strenuous efforts to try to retain its current branding. The calls, however, have met with negative response from the marketing department at University of Galway.

Graduates of the college, include, the current chairman of Failte Ireland, and many prominent national and international hoteliers. The graduates or alumni have failed in their efforts to persuade University of Galway to allow the hotel college logo to remain in place.

I am seeking your assistance in asking the County Council if they would intervene with the governing body of the University of Galway. It is imperative that an accommodation be reached to allow Shannon College of Hotel Management to retain its identity in the international student market.

There is immense disquiet in hospitality circles at this moment. The majority of hospitality professionals feel that we are about to lose a vital piece of our international reputation and identity.” (M)

The elected members agreed that the Shannon College of Hotel Management is renowned worldwide and stated that as the logo is synonymous with Shannon it should remain as it is. 

Cllr. C. Colleran Molloy addressed the meeting and stated that she has been in communication with Caroline Loughnane, Secretary for Governance & Academic Affairs and had received confirmation that this will be discussed at the next meeting of University Galway Government Body on 28^th February. 

P. Dowling, Chief Executive advised that Clare County Council will communicate the concerns raised with University Galway.

Item 28: Air Quality Plan.

Ar moladh Cllr. J. Flynn
Cuidithe ag Cllr. C. Murphy

“Preparation of a Clare (or at least for Ennis & Southeast Clare) Air Quality Plan.

I request the elected members of Clare County Council exercise its statutory power as a “reserved function”, under S46 Air Pollution Act (APA) 1987, to request the preparation and making of an Air Quality Management Plan for either County Clare or if not for the whole County for both Ennis & Southeast Clare District to be in place prior to the Winter 2023.

S46(4) of APA 1987 states “An air quality management plan shall contain such objectives as seem to the local authority concerned to be reasonable and necessary for the prevention or limitation of air pollution or the improvement of air quality in the area to which such plan relates”.

Such a Plan to take into account, among other things, recent adopted changes to World Health Organisation (WHO) air quality guidelines and draft changes to EU air quality standards. In light of the serious health implications of poor air quality, winter trolley crisis at UHL and the absence of a level 3 hospital to serve Clare people, such a plan should include for air pollution alerting to the public, better air pollution monitoring using more extensive and varied type of measurement, etc.” (M)

Cyril Feeney, Senior Engineer, Physical Development replied as follows:

“The Environmental Protection Agency (EPA) is the designated competent authority for the implementation of all Irish and European Union (EU) ambient air quality legislation. The EPA is also the specified monitoring and reporting body under this legislation. The EPA manages and co-ordinates current ambient air monitoring activities in co-operation with local authorities and other state bodies, complying with strict sampling and reporting requirements. At present, Ireland has an established network of stations to monitor air quality which are configured to meet the requirements of the European Union CAFE (Clean Air For Europe) Directive. Currently there is 1 No. CAFE Air Monitoring site situated in Ennis in the former Ennis Town Council complex in Drumbiggle. This monitoring station measures Particulate Matter and Sulphur Dioxide. Particulate matter (PM) are minute particles of dust, soot and smoke etc and the daily limit over a 24 hour averaging period for PM₁₀ is 50 ug/m³. The unit of measurement is the ug (microgramme) and is a unit of mass equal to one millionth (1×10⁻⁶) of a gram per cubic meter.

The detailed information provided by that station is delivered in real time and readily accessible for the general public on the EPA website on the following link Station 25 Ennis, Co. Clare | AirQuality.ie. The website also provides easily interpreted Air Quality Index for Health (AQIH) colour coded mapping for the entire country. The Air Quality Index for Health (AQIH) can be used by health professionals to help patients who are sensitive to air pollution manage their condition and reduce their symptoms. The AQIH combines real-time measurements from the National Ambient Air Quality Monitoring Network to produce a four-band index with health advice based on World Health Organisation Guidelines. The AQIH band (good, fair, poor, very poor) is calculated hourly and is available on a web-based colour-coded map and on twitter @EPAAirQuality.

However, it is important to stress that the limit specified in the Regulations is only deemed to be breached if more than 35 exceedances occur over a 24 hour averaging period during the entire year. Therefore, even a number of hourly readings which may exceed the nominal limit value does not necessarily mean a breach of the Air Quality Regulations when viewed over the 24 hour averaging period and per annum basis. The EPA are the reporting body and will make such determinations on an annual basis. To date there have been no breaches in County Clare of the Air Quality Regulations. I note the observation in the notice of motion regarding World Health Organisation guidelines and draft EU changes to quality standards, but we can only abide by current legislation and the standards set out therein.

Since the introduction of the Air Pollution Act in 1987 there have been additional measures and regulations introduced by successive governments to improve air quality. The most recent significant legislation was introduced  in 2022 when the Minister for the Environment, Climate and Communications, Eamon Ryan, signed the new Solid Fuel Regulations for Ireland (S.I. 529 of 2022) , which commenced on 31 October 2022. The primary focus of these regulations is on improving air quality and improving people’s health outcomes, by restricting the retail, online and commercial sale of smoky fuels, including smoky coal, turf and wet wood. These fuels are proven to be a major contributor to air pollution in Ireland.

Clare County Council are also active across many different Directorates to further improve air quality. The Environment section have notified all retailers of solid fuels of their obligations under the new Regulations and carry out regular checks on retailers of solid fuels to ensure compliance with the Regulations. The Environment section also monitor extractive industries in the county for air pollution and impose dust limits on new construction sites through the Planning process.

Government policy in this area is for a transition away from the use of fossil fuels for heating to more sustainable sources of green energy. This transition will take time to deliver but it is enshrined in many facets of legislation across all government departments. The new social housing schemes delivered by the Social Housing Directorate and opened by Minister O’Brien in county Clare last year are all built to nearly zero energy buildings (NZEB) standards. These houses do not use solid fuel heating but instead rely on in part improved air tightness, increased insulation and more effective heating/ventilation systems to achieve more energy efficient homes. They will help lower people’s energy bills, reduce the risk of fuel poverty and dramatically reduce any contribution to air pollution.

A Climate Change Adaptation Strategy (2019-2024) has been adopted by Clare County Council and a Climate Action Plan (CAP) is being developed in accordance with national climate change policies. These strategies include for adaptation and mitigation measures which will improve air quality. These measures include smarter travel initiatives, increased use of electric vehicles and charging infrastructure, retrofitting of housing, green infrastructure and healthier living initiatives. Various Directorates are tasked with delivering these initiatives which all assist with further improving air quality across the county.

A similar agenda item regarding air quality in Ennis was brought before the Physical Development Strategic Policy Committee in September 2021 which had been forwarded by the Ennis Municipal District for consideration. The item related to a Notice of Motion from the Ennis Municipal District meeting held on the 11^th June 2021 which requested the executive to carry out a review of the causes of poor air quality in Ennis and liaise with relevant state agencies and academic bodies with expertise in this area (such as UCC) to prepare an action plan. The SPC, having considered the matter in a lengthy discussion, did not consider that the issue required further consideration as the Air Quality Standards monitored independently by the EPA had not been breached.

Therefore, considering our current compliance with the Air Quality Regulations, the real time information available from the EPA on air quality and the additional measures in place in current strategies and upcoming plans I believe there is not a separate requirement for an additional Air Quality Plan to deal with the same issues.”

Cllr. J. Flynn referred to data being collected in the Ennis area which has identified poor air quality and expressed concern in relation to the resulting health implications.  Cllr. J. Flynn requested that the members of Clare County Council exercise its statutory power as a reserved function, under Section 46 of the Air Pollution Act (APA) 1987, to request the preparation and making of an Air Quality Management Plan.  

Dr. C. Kirby, Director of Physical Development requested that she address the meeting but due to the fact that the time had reached 6.30 p.m. the Cathaoirleach, Cllr. T. O’Brien indicated she could raise this item at next meeting. 

 

As the time had reached 6.30 p.m. it was agreed that the remaining items would be deferred to the March Council meeting.

Conferences.

Reports on Seminars/Conferences attended.

With regard to seminars/conferences attended, reports completed in accordance with Section 142 of the Local Government Act 2001 were made available at the meeting.

Association of Irish Regions Conference entitled “Shaping Ireland’s Regional Development” being held in Monaghan on 7^th – 9^th February, 2023.

The Meetings Administrator informed the Members that the estimated average cost per Councillor attending this Conference was €658.23 including conference fee of €160.

It was agreed that Cllr. C. Colleran Molloy attend this Conference.

 

Conclusion

The meeting then concluded.

Signed: ____________________________
                        Riarthóir Cruinnithe

Signed: _____________________________
                        Cathaoirleach

Date:     _____________________________

Page last reviewed: 13/03/23

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