Minutes of the March 2023 monthly meeting of Clare County Council

Present

Councillors

Councillors M. Howard, C. Colleran Molloy, P. Murphy, T. O’Callaghan, J. Cooney, T. O’Brien, J. Crowe, G. Flynn, P. O’Gorman, S. Talty, J. Killeen, J. Garrihy,
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. Jason Murphy, A/Director of Service, Ukrainian Response Team.

Present via MS Teams:

Cllrs. J. Flynn, A. Norton, P. Daly, P. Hayes, P. Burke, A. O’Callaghan, L. Grant, P.J. Kelly.

Absent: 

Cllrs. M. Begley, P.J. Ryan, P. McMahon, D. McGettigan.

 

Presiding

The Cathaoirleach, Cllr. T. O’Brien presided.

Votes of sympathy

A vote of sympathy was extended to the following:

• The Sexton family, Ennis and Miltown Malbay on the death of Nancy Sexton, RIP -  mother of Patricia Sexton, Broadband Digital and IT
• The Williams family, Galway on the death of Linda Williams, RIP - mother of Joshua Williams, Broadband, Digital and IT Department
• The O’Gorman family, Scarriff on the death of Michael O’Gorman, RIP
• The Geoghegan family, Mountshannon on the death of Fr. Brian Geoghegan, RIP
• The Keating family, Kilbaha on the death of Sr. Claire Keating, RIP.

 

 

Cllr. G. Flynn extended a vote of sympathy to Cllr. Donna McGettigan on the passing of her brother Gerard (Gerdy) McGettigan, R.I.P. and proposed that the meeting be adjourned for 15 minutes as a mark of respect.  This was seconded by Cllr. J. Crowe and agreed by the members present. The members offered sympathy, thoughts, prayers and support to the McGettigan family at this difficult time.

 

The meeting resumed at 3.17 p.m.

Chief Executive contract.

The Cathaoirleach, Cllr. T. O’Brien informed the members that the Chief Executive has notified him of his intention to extend the duration of his contract as Chief Executive with Clare County Council until the 11^th September, 2026.  Cllr. Tony O’Brien confirmed that the required notifications have been issued to the Minister and the Public Appointments Service.  The members welcomed the extension of contract of the Chief Executive.

 

Item 1: Minutes of Council Meetings

a.      Ar moladh Cllr. G. Keating
Cuidithe ag Cllr. B. Chambers agus glacadh leis

“That the Minutes of the February Meeting of Clare County Council held on 13^th February, 2023 be adopted and signed.”

 

Item 2: Matters Arising

Cllr. J. Flynn referred to Item No. 28 on the February agenda and expressed disappointment that it was listed on the March agenda as he understood that it had received unanimous support.  Cllr. J. Flynn proposed that this be included in the Annual Service Delivery Plan.  Cathaoirleach, Cllr. T. O’Brien stated that this item was not concluded at the end of the February meeting and therefore was included in the March agenda.

 

Item 3: Correspondence/Comhfhreagras

The following correspondence was circulated at the meeting:

• Correspondence received from University of Galway relating to their rebranding and demonstrating their firm commitment to Shannon College of Hotel Management as an integral and valued part of their university.

 

The following correspondence was circulated with the agenda.

1. Correspondence dated 3^rd March, 2023 from the Minister for Housing, Local Government and Heritage in connection with the Pyrite Remediation Scheme and the Defective Concrete Blocks Grant Scheme.
2. Correspondence dated 16^th February, 2023 from the Minister for Housing, Local Government and Heritage regarding putting a cap on rent increases nationally for the remainder of the housing crisis.
3. Correspondence dated 17^th February, 2023 from the Minister for Agriculture, Food and the Marine regarding ash die back.
4. Correspondence dated 17^th February, 2023 from the Minister for Agriculture, Food and the Marine regarding the Control of Dogs Act.
5. Correspondence dated 21^st February, 2023 from the Minister for Rural and Community Development in relation to dog control laws review.
6. Correspondence received from the Minister for Enterprise, Trade and Employment in relation to apprenticeships.
7. Correspondence dated 16^th February, 2023 from the Minister for Further and Higher Education, Research, Innovation and Science in relation to apprenticeships.
8. Resolution circulated by Sligo County Council in relation to fuel allowance payment scheme.
9. Resolution circulated by Kerry County Council calling on the Minister for Defence to award medals to the veterans of Jadotville.
10. Resolution circulated by Cavan County Council in relation to joint venture arrangements between Coillte and the Gresham House Fund.
11. Resolution circulated by Wicklow County Council in relation to Coillte decision to partner with a UK based Investment Fund, Gresham House in the purchase of forestry lands.
12. Resolution circulated by Westmeath County Council in relation to regional public banking system.
13. Resolution circulated by Cork County Council in relation to the Aarhus Convention.
14. AILG Elected Members In-person and Webinar Training Programme 2023.

 

Item 4: Minutes of Municipal District Meetings

a.         Ar moladh Cllr M. Howard
Cuidithe ag Cllr. P. Murphy agus glacadh leis

“That the Minutes of the Ennis Municipal District Meeting held on the 7^th February, 2023 be noted.”

Item 5: Minutes of Strategic Policy Committee (SPC) Meetings

a.         Ar moladh Cllr. P. Hayes
Cuidithe ag Cllr. S. Talty agus glacadh leis

“That the minutes of the Rural Development S.P.C. meeting held on 6^th December, 2023 be noted”.

 

Item 6: Minutes of the Corporate Policy Group Meetings

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

 

Item 7: 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 queried the housing income limits and requested clarification on income limits for separated parents with joint custody.

Cllr. C. Murphy requested an update on Mount Charles Terrace.  Cllr. C. Murphy referred to asset transfer to Irish Water and the asbestos remediation works being carried out on the reservoir in Kilkee and felt that Clare County Council should retain this asset.

Cllr. C. Murphy informed the meeting that there had been a rural crime spree in West Clare during the weekend and expressed concern at the loss of the Superintendent post in West Clare.

Cllr. J. Flynn requested an update on the N85 and queried why it is not included in the Annual Service Deliver plan.

P. MacCormaic, A/Senior Executive Officer, Social Development replied to query raised by Cllr. C. Murphy and confirmed that income limits for a separated person with dependents is €35,000 plus 2.5% for each dependent. Children will be considered dependents once agreed custody details are provided with the applicants application.

S. Lenihan, Senior Engineer, Physical Development responded to query raised by Cllr. J. Flynn and stated that the N85 remains a high priority and that the plans were revised with a view to getting 4.5 km upgraded.  S. Lenihan stated that funding was not received from TII and that the Council has requested TII to re-consider this project.

Item 8: Disposal of property at St. Michael’s Villas, Ennis, Co. Clare pursuant to Section 183 of the Local Government Act, 2001 and Section 211 of the Planning & Development Act, 2000.   

Report dated 17^th February, 2023 from Anne Haugh, Director of Economic Development was circulated with the agenda together with map.  The report states that it is proposed to dispose of property at St. Michael’s Villas, Ennis, Co. Clare to Lourda Crehan, 37 St. Michael’s Villas, Ennis, Co. Clare subject to the conditions as set out in the notice served on the members dated 17^th February, 2023.

Ar moladh Cllr. M. Howard
Cuidithe ag Cllr. J. Cooney 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 37 St. Michael’s Villas, Ennis, Co. Clare to Lourda Crehan, 37 St. Michael’s Villas, Ennis, Co. Clare subject to the conditions as set out in the notice served on the members dated 17^th February, 2023.”

 

Item 9: Annual Service Delivery Plan.

 

The Annual Service Delivery Plan was circulated with the agenda.

Cllr. I. Lynch stated that he felt the timeline for the elected members to consider the Annual Service Delivery Plan was short and noted that the Kilrush Maritime Centre was not mentioned in the Plan.

Cllr. S. Talty queried the timelines for the review of parking bye laws.

Cllr. J. Flynn welcomed the environmental, adaptation and Climate Change Adaptation Strategy and requested that the Clarecastle barrage be included. Cllr. J. Flynn also requested that the development of an Air Quality Plan for the County be included subject to agreement of Item No. 14 on the agenda.

Cllr. C. Murphy queried if West Clare Municipal District can undertake to make their own parking bye laws.

P. Dowling, Chief Executive acknowledged that the elected members did not have a reasonable period of time to review the Annual Service Delivery Plan.  Mr. Dowling informed the members that public funding has been received for Kilrush Maritime Centre and that staff will be assigned to this project and that it is Clare County Councils ambition to deliver this.  Mr. Dowling stated that discussions have taken place with Management Team in relation to parking bye-laws and that work will commence immediately as it is an organisational objective.

Dr. C. Kirby, Director of Physical Development provided an update in relation to the barrage in Clarecastle.

The report was adopted by the members having been proposed by Cllr. I. Lynch and seconded by Cllr. J. Cooney subject to the inclusion of the following:

Clarecastle barrage                Page 90

Air Quality Plan                       Page 90

Kilrush Maritime Centre         Page 103

 

Item 10: Clare Local Area Grant Scheme 2023 (CLAGS).

Report dated 2^nd March, 2023 from Leonard Cleary, Director of Rural Development was circulated with the agenda together with details of the grant recommendations.  The report states that a total of 397 applications were received under the Council’s Clare Local Area Grant Scheme 2023. The total fund for 2023 is €336,000.

The report continues that at their meeting on 1^st March, 2023, the elected members of the ‘Working Group for the Action Plan for Rural Ireland’ considered the grant recommendations under the following support schemes:

1. Support Scheme for Public Realm Initiatives & Amenity Projects
2. Support Scheme for Maintenance of Open Spaces in Private Housing Developments
3. Support Scheme for Community Playgrounds
4. Support Scheme for Burial Ground Maintenance
5. Support Scheme for Best Kept Local Authority Estate
6. Support Scheme for the Arts
7. Support Scheme for the Irish Language
8. Support Scheme for Tourism Marketing & Promotion
9. Support Scheme for Sustainable Tourism

The elected members approved the Clare Local Area Grant Scheme 2023 (CLAGS) having been proposed by Cllr. P. Hayes, seconded by Cllr. G. Keating and agreed by the members present.

Item 11: Fáilte Ireland – Festivals and Participative Events Funding.

Report dated 6^th March, 2023 from Leonard Cleary, Director of Rural Development was circulated with the agenda together with details of Local Festivals and Participative Events Funding Programme for 2023. 

The report states that the Council’s Working Group for the Action Plan for Rural Ireland met on 1^st March, 2023 and recommend the projects to the March 2023 meeting of Clare County Council to be approved for Fáilte Ireland funding.

Details of applications which had been assessed and the grant levels determined based on the evaluation criteria, the application details, and the level of funding available were outlined.

The applications were approved having been proposed by Cllr. P. Hayes, seconded by Cllr. J. Cooney and agreed by the members present.

 

 Item 12: Renewed Clare Rural Development Strategy 2030.

Report dated 6^th March, 2023 from Leonard Cleary, Director of Rural Development was circulated with the agenda.  The report states that over the past eighteen months a consultation and review process was undertaken on the “Clare Rural Development Strategy 2026”.  The outcome of the review has been the development of a “Renewed Clare Rural Development Strategy 2030”.  This process was supported by Clare Rural Development Forum with elected member involvement and participation from community, business and statutory sectors.  The Forum presented the Strategy to stakeholders on the 10^th March, 2023.

The “Renewed Clare Rural Development Strategy 2030” was approved having been proposed by Cllr. P. Hayes, seconded by Cllr. J. Crowe and agreed by the members present.

 

Item 13: Recommendation for award of Civic Reception to Bernárd Lynch.

 

Report dated 6^th March, 2023 from Ann Reynolds, Senior Executive Officer, Corporate Services was circulated with the agenda.   The report states that at the March meeting of the Corporate Policy Group (CPG) the members considered a nomination for a Civic Reception to honour Bernárd Lynch from Cllr. P. Murphy.  The nomination was made to the CPG in accordance with Standing Order Number 72.  Details of Bernárd Lynch achievements were outlined in the report.

The elected members approved the nomination for a Civic Reception to honour Bernárd Lynch having been proposed by Cllr. P. Murphy, seconded by Cllr. M. Howard and agreed by the members present.

Item 14: Air Quality Plan.

Ar moladh Cllr. J. Flynn
Cuidithe ag Cllr. C. Murphy agus glacadh leis

“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 MD 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.”

Dr. C. Kirby, Director of Physical Development advised that the air quality standards set have not been exceeded in Ennis. She did acknowledge however the frustration of the Ennis councillors and the public regarding heavy incidences of particulate matter in the town on occasions. She advised that there have been amendments in the legislation relating to air quality since 1987. Varying references are made to the preparation of air quality plans - the Air Pollution Act 1987 refers to local authorities being able to ‘make’ an Air Quality Management Plan. The air quality standards regulations 2011 allow local authorities to prepare a short term air quality plan. The 2011 Regulations also provides for the EPA to direct local authorities to prepare an air quality plan. The 2011 regulations have been superseded by the solid fuel regulations 2022.  Therefore the Director of Physical Development stated that she has sought clarification before beginning any process of preparing a plan.  Dr. Kirby continued that both the EPA and the DECC have agreed to meet Clare County Council Environment Section to discuss same.

Cllr. J. Flynn advised that he has been raising this issue for 2 years and he requested to be present at the meeting but understood if that cannot happen.

Item 15: Approval for wastewater pilot schemes.

Ar moladh Cllr. J. Cooney
Cuidithe ag Cllr. T. O’Brien agus glacadh leis

“That Clare County Council request an immediate update from Minister Darragh O’Brien on the current status of approval for the wastewater pilot schemes, which had originally received commitments to a December 2022 timeframe.” (M)

The elected members referred to the Pilot Scheme announced by the Department in 2022 and the applications submitted in September 2022.  The members agreed that it is not satisfactory that there are 50 towns and villages in Clare without wastewater infrastructure.  The members called for an immediate update on this Pilot Scheme as communities are frustrated and concerned.

P. Dowling, Chief Executive agreed that this is a very important initiative and stated that he expected an announcement before now.  Mr. Dowling undertook to write to the Minister and to communicate with senior Government Officials also.

 

Item 16: Ennis General Hospital.

Ar moladh Cllr. P. Daly
Cuidithe ag Cllrs. G. Keating, J. Killeen, C. Colleran Molloy, S. Talty, M. Howard, T. O’Callaghan, A. Norton, B. Chambers, P. Murphy agus P.J. Kelly agus glacadh leis

“We are calling on the HSE to review arrangements at Ennis General to upgrade the acute hospital to a Level 3 hospital with appropriate bed capacity and skill mix to alleviate pressure on the regional centre at UL Hospital, Limerick. This review should look at all possibilities currently available in the greater Ennis area including a green field site that might give further options in future years.” (M)

The elected members agreed that Ennis General Hospital should be upgraded to a Level 3 hospital as this would deliver more services and alleviate the serious pressure and overcrowding in University Hospital Limerick. 

Item 17: NCT Centre.

Ar moladh Cllr. J. Crowe
Cuidithe ag Cllr. J. Cooney agus glacadh leis

“That a second NCT Centre be provided in the south-east area of County Clare so as to help alleviate the backlog which is affecting motorists in the County” (M)

The elected members outlined that NCT testing was established to ensure that cars are roadworthy and noted that there is currently a waiting list of six months to get a car tested in Ennis.  The members expressed concern that drivers can receive penalty points if their NCT disc is not up to date and felt that there should be communication between the NCT centres and the Gardai in this regard.

Item 18: Infill sites.

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

“That, in the interest of administrative reasonableness, the beneficiaries of planning benefit in infill sites be confined to local rural persons”. (M)

Liam Conneally, Director of Economic Development replied as follows:

“It is an objective of the current Development Plan as set out under CDP 3.13 to facilitate the development of infill sites where they exist, i.e. a gap site for a single house within a substantial and continuously built-up frontage. Under this policy the provisions of CDP 3.11 (local need requirements) do not apply however the dwelling must be for the permanent occupation of the applicant. A similar policy is included in the Draft County Development Plan 2023-2029. The wording of this policy is specific and does not confine the development of infill sites to local rural persons.

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.  I recommend that any amendments to this policy are best dealt with at a strategic planning policy level within the statutory plan making/variation process.

In relation to Members’ making of the Clare County Development Plan 2023-2029 I wish to acknowledge the comprehensive work of the Members in the Plan preparation process. The new Clare County Development Plan is a progressive document which will in the coming years guide the future development of our growing communities and economy across the County.”

The elected members asked if this can be implemented when the new County Development Plan has been adopted as they felt the local rural person should be accommodated.  The members agreed that they do not want to see this section resulting in planning permission being refused to people.

Cllr. G. Flynn stated that he could not support the motion as he felt it is restrictive practice.

L. Conneally, Director of Economic Development informed the meeting that the Rural Housing Guidelines are awaited from the Department and that these guidelines will clarify social and economic need.  Mr. Conneally stated that the criteria for the “local rural person” will be superseded by the provisions in the new guidelines. 

 

Item 19: Cost of US flights to Shannon Airport.

Due to the absence of Cllr. P. McMahon this item was deferred to the April Council meeting.

"That Clare County Council request the Minister for Transport to outline what factors are leading to prospective US travellers to the West of Ireland being quoted fares of €1,000/$1,000 dearer to fly to Shannon than those available to Dublin." (M)

 

Item 20: RRDF projects.

Ar moladh Cllr. C. Murphy
Cuidithe ag Cllrs. I. Lynch agus P. Hayes agus glacadh leis

“That we be provided with an update on the progress of the two recently funded RRDF projects, Inis Cealtra in Mountshannon and the Maritime Training College in Kilrush.” (Q)

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

“In November 2022, Clare County Council welcomed with great appreciation, the announcement of successful fourth call RRDF funding allocations for two key strategic projects for West and East Clare as follows:

Led by the Economic Development Directorate, Kilrush Maritime Training Centre project will be a transformative project to redevelop a vacant building on the marina in Kilrush into a new Maritime Training Centre. The Centre will provide a research and cutting-edge training base to serve the offshore renewable energy sector, cruise sector and maritime-related sector, supporting job creation and economic development in the region and enhancing the proposition of West Clare and the Shannon Estuary for sustainable marine-related development.

 

Led by the Tourism Department, Rural Development Directorate, Inis Cealtra Visitor Experience project, seeks to develop Mountshannon as a tourism destination by taking advantage of its proximity to Inis Cealtra (Holy Island), one of the most significant ecclesiastical sites in Ireland, as well as other heritage attractions in the locality.  This project is an ambitious tourism, conservation and village regeneration project that will boost visitor numbers to the village and its surrounding region and will create and support sustainable rural employment.

The Council has requested the National Government Department to progress the Inis Cealtra Visitor Experience project to ‘Approval in Principle’ status.  The reason for this request is due to the advanced readiness of the Inis Cealtra project.  As a result of the great work of the team, the Inis Cealtra project will soon (within one month) be ready to move from Stage 1 (SAQ) to Stage 2 (Restricted Tender) for the following approved project elements:

• Repurposing and extension of the Old Rectory House as a visitor facility and community hub.
• Optimisation of wastewater treatment to accommodate development.
• Enhanced public realm works to improve connectivity in and around the village.

 

The Kilrush Maritime Training Centre is progressing well, is also at ‘Approval in Principle’ status with key project milestones to follow. Both projects will dovetail together during delivery from “Approval in Principle” status to completion. The RRDF funding for both projects is secure.”

The elected members expressed disappointment in relation to progress of the Maritime Training Centre and voiced concern that lack of progress on one project could impact the other. 

P. Dowling, Chief Executive informed the members that work in acquiring the site in Inis Cealtra began two years ago and that work did not commence on the Kilrush Maritime Training Centre within the same timescale.  Mr. Dowling stated that Clare County Council are intent on delivering both projects and that both projects are equally important.   Mr. Dowling undertook to provide more detail in the April monthly management report.

Item 21: Right to Personal Assistance Service for disabled people.

Ar moladh Cllr. A. Norton
Cuidithe ag Cllr. J. Garrihy agus glacadh leis

“I ask that Clare County Council write a letter of support to the Minister of State for Disability to support the right to Personal Assistance Service (PAS) for disabled people to have freedom, choice and control over all aspects of their lives to enable them to fully participate in an inclusive society as equals. Independent living means an individual can live with the freedom and control to have the same choices in life that everyone else has in terms of housing, transportation, education and employment. PAS is a tool for independent living that allows disabled people to live independently, providing individuals with the freedom and flexibility they need to live their lives as they choose.

With PAS, disabled people are in control and direct the Personal Assistant (PA) to carry out tasks both inside and outside of the home, including personal care, domestic duties, assisting in day-to-day tasks such as shopping, support in the workplace or socialising.

PAS should not be confused with ‘Home Help’ or Carers as they do not ‘look after’ or ‘care for’ a disabled person.” (M)

The elected members agreed that the support of a Personal Assistance Service would enable fair and reasonable access for all to have opportunities to contribute to society and the workplace which would benefit everybody involved.  

Item 22: Offshore wind energy development.

Ar moladh Cllr. C. Murphy
Cuidithe ag Cllr. S. Talty agus glacadh leis

“Given the recent publication of consultation for OREDP 2 and the proximity of the proposed broad area for offshore wind energy development to the Clare coast, that Clare County Council prepare a robust submission to the Department of Housing, Planning and Local Government that will protect the visual amenity of the ocean off the coast of Clare by seeking to have the development area moved further off shore.” (M)

Liam Conneally, Director of Economic Development replied as follows:

“Clare County Council welcomes the publication of the Draft Offshore Renewable Energy Development Plan (OREDP II) for public consultation. OREDP II is Ireland’s new national spatial strategy for the development of offshore renewable energy. This long-term model is called the enduring regime which is the long-term vision for offshore renewable energy in Ireland. Key to the success of OREDP II is choosing the right offshore technology to use in the right places.  The Department of the Environment, Climate and Communications is holding an 8-week public consultation on the draft OREDP II, commencing on Friday 24^th February, and continuing until Friday 20^th April 2023. Clare County Council will be attending the consultation events with the Department to inform the preparation of a council submission to the Department of Environment, Climate and Communication.

I note that a significant level of assessment has been undertaken to inform the identification of the “Broad Areas of Interest” for which the Mid-West Broad Area has been identified off the West Clare coastline. Clare County Council notes that this area of interest is well within the current extent and indicative locations identified by many of the Offshore Renewable Energy companies currently at early-stage investigation off the Clare Coastline. Once the council has discussed the Draft Spatial Strategy with the Department at the consultation events later in March and following review of the relevant reports a cross-Directorate submission will be prepared with respect to the spatial strategy for the transition to the Enduring Regime which takes into consideration the visual impact from a landscape and seascape perspective.

Access to zero carbon energy from offshore renewable energy will be a USP for the west coast of Ireland in the attraction of future industries. The development of ORE will have to be in accordance with the proper planning and development principles that apply to on-land activities.”

Cllr. C. Murphy raised the following issues associated with the proposed area of interest in advance of the upcoming consultation with the Department.

• the aim of meeting a target of 5GW of offshore wind by 2030, or the 2GW target ringfenced for floating offshore;
• the strategic outputs from Shannon Estuary Economic Task Force and of both Shannon Foynes Port and Moneypoint
• the height of the associated turbines
• potential impact on fishing activities
• mooring systems
• doubts in relation to the deliverability of these projects and their attractiveness for the external investment needed t bring them to production.

The elected members agreed that Clare County Council has to be involved in planning for transformational projects like this as it will impact on residential and tourist assets.

L. Conneally, Director of Economic Development stated that the Department Consultations are for enabling people to learn more about what is proposed.  Mr. Conneally noted that 3 nautical miles near our coastline will be within Clare County Councils remit and development beyond that will be assessed by the new Planning Commission as planning authority for offshore projects.  Mr. Conneally continued that the visual aspect of the project will depend on the height of the machines.  Mr. Conneally referred to competing water uses such as fishing in near shore and offshore and protecting the status of species of fish in these areas.  Clare County Council will be making a submission on all these issues in order to ensure the horizon is protected.  Mr. Conneally informed the members that the Department is holding an 8 week public consultation at the moment and recommended that as many elected members as possible attend.

Item 23: Potential development of the Shannon Estuary.  

In the absence of Cllr. P.J. Ryan this item was proposed by Cllr. J. Crowe, seconded by Cllr. P. O’Gorman and agreed

Item 24: Circular Economy and Miscellaneous Provisions Act 2022.

Ar moladh Cllr. T. O’Callaghan

“Tackling ongoing litter, when can we expect the Circular Economy and Miscellaneous Provisions Act 2022 Enacted.” (Q)

Brendan Flynn, Senior Executive Engineer, Physical Development replied as follows:

“The Circular Economy and Miscellaneous Provisions Act 2022, was signed into law in July 2022.

The Circular Economy and Miscellaneous Provisions Act 2022 aims to provide for the GDPR-compliant use of a range of technologies such as CCTV for waste enforcement purposes. The use of such technology will support efforts to tackle illegal dumping and littering across County Clare. However, in the first instance, the Local Government Management Agency is tasked with preparing a draft code of practice for the purposes of setting standards for the operation of the use of CCTV. Once developed and approved, the Council can review the use of relevant technologies. Clare County Council have developed a Data Protection Impact Assessment for use when the CCTV and Mobile recording devices and Code of Practice have been signed off by the LGMA.

Clare County Council’s Environment Enforcement Section carry out checkpoints with An Garda Siochana across the county in order to target the illegal transport and disposal of waste materials. The checkpoints are conducted outside of normal business hours and across a number of locations. This co-operation with An Garda Siochana is part of an ongoing effort to curb illegal waste activity across the county. The Council continue to invest significant resources in the Environment Enforcement section and work with communities and the Municipal Districts to eliminate this illegal activity.

This Council is also implementing the Waste Management Bye Laws to identify households which do not have a waste collection service and thereby ensure that their waste is disposed of correctly.

Our Enforcement team have an active presence throughout the county and our community wardens routinely carry out patrols to monitor and deter any illegal waste activity including littering. Our wardens also investigate all illegally dumped waste and we prosecute offenders where we obtain sufficient evidence. The illegal disposal of waste under The Waste Management Act is a serious offence. Penalties for serious dumping offences provided for under the Waste Management Acts are substantial. Persons who are found to be responsible for, or involved in, the unauthorised disposal of waste are liable to a maximum fine of €5,000 on summary conviction and/or imprisonment for up to 12 months, and to a maximum fine of €15 million on conviction on indictment and/or imprisonment for up to 10 years.

Clare County Council working with the other local authorities in the region have a co-ordinated approach to tackling this problem and have utilised a variety of measures to raise awareness on the issue. We actively promote the Green School programme in partnership with An Taisce which imparts valuable information to children regarding recycling and the correct disposal of waste materials. The lessons learned at this early age help children to not only educate their parents but also instils values in children which they bring to adulthood. We also promote and support voluntary groups during the National Spring Clean activities which include community litter picks.

It is important to also acknowledge the general public who continue to recycle and dispose of their waste correctly either through an authorised collection service, bring banks or amenity sites. In fact, many items that are illegally dumped could be recycled for a small nominal fee and certain items such as electric goods and textiles are actually free to recycle at our amenity sites.”

Cllr. T. O’Callaghan noted that the Circular Economy and Miscellaneous Provisions Act 2022 was signed into law in July 2022 and felt that it is a priority to have this legislation implemented as a matter of urgency in order to enable the use of CCTV cameras taking account of GDPR in resolving illegal dumping, graffiti and anti-social behaviour.

Item 25: Legislation requiring road users to be fully illuminated.

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

“That Clare County Council request the relevant Ministers to introduce legislation requiring pedestrians, cyclists, scooter users and other vulnerable road users to be fully illuminated as is required of other road users when light and visibility is poor.” (M)

The elected members agreed that road users should be responsible for being illuminated as currently the ultimate responsibility lies with drivers.  The members felt that schools should participate in awareness campaigns and that it should be a requirement that school uniforms and schoolbags have a reflective stripe.   Cllr. M. Howard requested that this notice of motion be forwarded to the Minister for Education, the Minister for Children and the Minister for Justice. 

 

“That this Council would invite Prof. Eamonn Murphy (Emeritus) to address the members and Management on the potential development of the Shannon Estuary and deep water at the mouth of same”. (M)

Item 26: Circular Economy and Miscellaneous Provisions Act 2022.

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

"The Circular Economy and Miscellaneous Provisions Act 2022 was signed into Law by Uachtáireáin na hÉireann on July 21^st 2022, therefore, I am requesting that Clare County Council hereby implement the provisions relating to the use of CCTV and mobile recording devices for the prevention and detection of littering, dumping and fly-tipping as a matter of urgency". (M)

Brendan Flynn, Senior Executive Engineer, Physical Development replied as follows:

“The use of CCTV and mobile recording devices for the prevention and detection of littering, dumping and fly-tipping is one that requires careful consideration as it impacts on the General Data Protection Regulations (GDPR). The Data Protection Commissioner concluded that neither the Litter Pollution Act 1997, the Waste Management Act 1996 nor the Local Government Act 2001 are sufficient to meet the requirements of the law enforcement directive provisions in Part 5 of the 2018 Act regarding the deployment of CCTV cameras for law enforcement purposes.

The Circular Economy and Miscellaneous Provisions Act 2022 aims to provide for the GDPR-compliant use of a range of technologies such as CCTV for waste enforcement purposes. The legislation was indeed enacted in July 2022 and the use of such technology will support efforts to tackle illegal dumping and littering across County Clare. However, in the first instance, the Local Government Management Agency is tasked with preparing a draft code of practice for the purposes of setting standards for the operation of the use of CCTV. Once developed and approved the Council can review the use of relevant technologies.”

The elected members welcomed the news that the Local Government Management Agency is tasked with preparing a draft code of practice for the purposes of setting standards for the operation of the use of CCTV as they felt that communities and tidy towns groups need to be supported in their efforts to tackle illegal dumping.  The members felt that the presence of CCTV cameras would deter illegal dumping as this criminal activity is a blight on the environment.  The elected members acknowledged the work being done by the Environment Section and felt that fines for illegal dumping should be increased and that offenders should be named and shamed. 

Dr. C. Kirby, Director of Physical Development agreed that CCTV will be hugely effective in terms of curbing anti-social behaviour and illegal dumping and that once the DPIA elements are resolved there will be one code of practice for local authorities that will stand up to scrutiny. 

Item 27: Help to Buy Incentive Scheme.

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

“I am calling on the Minister for Housing, Darragh O’Brien to review the Help to Buy Incentive Scheme for first-time buyers as the price of new property is still beyond the reach of a substantial amount of first-time purchasers. I would request the Minister to broaden the policy and allow the purchase of older properties that are available at a lower cost and will encourage more people to engage with the incentive scheme and in turn will help to reduce the demand for social housing and possibly reduce vacant homes within communities”. (M)

The elected members agreed that the Help to Buy Incentive Scheme should be broadened in order to allow fresh start applicants to avail of grants.   The members felt that the current scheme is narrow in its approach as it targets first time buyers of new properties.   The members agreed that is it important that first time buyers can purchase older or vacant properties as this could potentially take pressure off the social housing list.

Item 28: Inventory of piers and harbours in County Clare.

Ar moladh Cllr. J. Killeen
Cuidithe ag Cllr. C. Murphy agus glacadh leis

“We call on Clare County Council to carry out an inventory of the piers and harbours in our county to be made available to potential wind and wave energy companies.” (M) 

Helen Quinn, A/Senior Planner, Economic Development replied as follows:

“In January 2022 the Minister for Agriculture, Food and the Marine, announced a new €35m scheme (Brexit Adjustment: Local Authority Marine Infrastructure Scheme) to rejuvenate local authority public piers and harbours throughout coastal communities. The record funded scheme is proposed for funding under the EU Brexit Adjustment Reserve (BAR) and was one of the recommendations of the Seafood Sector Taskforce which was established by the Minister following Brexit.

This investment is intended to help to drive economic diversification and will complement other measures such as Community Led Local Development via the Fisheries Local Action Groups.

The investment scheme focuses on ‘shovel-ready’ projects to give immediate construction stimulus to the coastal communities affected by the Trade and Cooperation Agreement between the European Union and the United Kingdom and is targeted to attract such projects of up to €1m budget during 2022 and 2023. The Scheme also offers the possibility of funding larger projects where there is exposure to Brexit due to proximity to UK waters and loss of fishing opportunities. The projects will be delivered by the local authority which owns and maintains the relevant marine infrastructure.

Clare County Council received €828,674 in funding under the Local Authority Marine Infrastructure Scheme for 2022-2023 which will facilitate 8 sperate projects around the county all relating to piers, slipways, quays and navigational buoys. The majority of these projects will assist in attracting potential Offshore Renewable Energy companies looking to establish off the Clare coastline to utilise these vital pieces of maritime infrastructure. Clare County Council meet on a quarterly basis with these potential operators in relation to Offshore Renewable Projects and convey to them the existence of key maritime infrastructure which exists across the county together with guiding them to explore further the potential to utilise these historically underutilised resources for future economic benefit.

 

The elected members referred to the economic activity that can be derived from piers and harbours and felt that Clare County Council should capitalize and invest in them in order to ensure that our piers and harbours on the estuary are up to standard and capable of delivering.

L. Conneally, Director of Economic Development assured the members that Clare County Council will continue to look after and upgrade the piers and harbours within the control of the Council.  Mr. Conneally stated that there are significant supply chain opportunities for Clare as carbon zero nature power generated will attract industries which will pose issues for Clare County Council as a local authority in terms of how this infrastructure and the road network can be upgraded as quickly as possible.

Item 29: Derelict and vacant properties.        

Ar moladh Cllr. J. Garrihy
Cuidithe ag Cllr. C. Colleran Molloy

“In the context of the acknowledged desire, necessity and urgency to bring derelict and vacant properties back into use, I call on Clare County Council to write to the Minister for Housing and Local Government requesting that the laudable Croi Conaithe Scheme targeted to assist this objective is adjusted to allow owners of qualifying properties to access the scheme subject to conditions that the property is subsequently used for long term occupancy either through sale or long term lease. If supported, I request this motion be circulated to all other local authorities”. (M)

Liam Conneally, Director of Economic Development replied as follows:

“The Vacant Homes refurbishment grant, when first introduced, was for properties in towns and villages only.  It was subsequently extended by Government to cities and rural areas and to date over 62% of applications are for properties in rural County Clare.

The requirements of the Scheme are that the properties have to be for permanent occupancy by the applicants, as the person qualified under the eligibility criteria. 

While there are other related schemes such as repair and lease scheme for properties to be leased to local authorities following refurbishment, this does not provide for repair and sale of the property.

The motion, if passed, will be referred to the Minister for Housing, Local Government and Heritage and circulated to all local authorities.”

The elected members welcomed the Croi Conaithe Scheme and complimented the Property Management Unit on the information sessions held throughout the county.  The members felt that this scheme should be adjusted in order to bring derelict properties into habitable condition and allow people to live in them for long term rental.

The elected members agreed that the renovated properties should not be used for Air BnB and that government funding should be recouped if used for this purpose.

Cllr. G. Flynn stated that he would be reluctant to change the concept of the scheme and outlined the categories of people who can apply.  Cllr. G. Flynn stated that public money is being invested in the scheme and expressed concern that it may go beyond the reach of the people it is designed for if it is adjusted.

Liam Conneally, Director of Economic Development agreed that the qualifying person criteria should be widened and that long term rental would be a suitable use.  Mr. Conneally referred to the capital cost and benefit to communities as well as the living benefit in bringing families into communities.  Mr. Conneally informed the members that Clare County Council is well advanced in terms of work on derelict sites in locating properties which need to be brought back into use.

 

Correspondence item - Shannon College of Hotel Management Rebranding.

Following a request from Cllr. P. O’Gorman, Cllr. C. Colleran Molloy provided an update in relation to Shannon College of Hotel Management rebranding.  Cllr. C. Colleran Molloy noted a recent intervention by University of Galway Students’ Union and noted that students in Shannon want to identify with University of Galway.

 

Tributes to Liam Conneally, Director of Economic Development.

Cathaoirleach, Cllr. T. O’Brien informed the members that Liam Conneally, Director of Economic Development Directorate and Shannon Municipal District has been appointed Chief Executive in Galway County Council.  The Cathaoirleach stated that Liam has been a good friend of County Clare and thanked him for his commitment and dedication to the county and noted that he always put Clare at the heart of decisions taken.  The Cathaoirleach wished Liam well on his appointment and wished him every success in future.

The elected members were unanimous in congratulating Liam on his appointment and extending good wishes going forward.  The members referred to his loyalties to Clare and the legacy he has created in the county. 

P. Dowling, Chief Executive congratulated Liam and wished him well in his new position.  Mr. Dowling stated that his new role will be to serve the people of Galway and to serve in policy making into the future.  Mr. Dowling stated that they will continue to be close colleagues on a different level.

L. Conneally, Director of Economic Development thanked the members for all their good wishes and stated that it has been a privilege to serve the members and people of County Clare and that it has been great to work with Pat Dowling, the Management Team and Senior Team and staff in Clare County Council.

 

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. P.J. Ryan attend this Conference.

LAMA Spring Seminar entitled “Apprenticeship & Future Building Initiatives Recruitment & Training” taking place in Bantry, Co. Cork on 2^nd – 4^th March, 2023.

The Meetings Administrator informed the Members that the estimated average cost per Councillor attending this Conference was €618.96 including conference fee of €160.

It was agreed that Cllr. P. McMahon, A. O’Callaghan, P.J. Ryan, A. Norton, C. Colleran Molloy and J. Cooney attend this Conference.

Seafarers Conference being held in Castletroy Park Hotel, Limerick on 23^rd February, 2023.

The Meetings Administrator informed the Members that the estimated average cost per Councillor attending this Conference was €142.72.

It was agreed that Cllr. C. Murphy attend this Conference.

Conclusion

The meeting then concluded.

Signed: ____________________________
                     Riarthóir Cruinnithe

Signed: _____________________________
                     Cathaoirleach

Date:    _____________________________

Page last reviewed: 10/04/23

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