Minutes of February 2024 Monthly Meeting of Clare County Council

Present

Councillors

Councillors, J. Flynn, 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, G. Keating, C. Murphy, I. Lynch, R. McInerney

Officials

• Mr. Pat Dowling, Chief Executive.
• Ms. Ann Reynolds, Meetings Administrator.
• Ms. Aoife Coote, Assistant Staff Officer, Corporate Services.
• Mr. Leonard Cleary, Director of Tourism Development.
• Mr. Sean Lenihan, Senior Executive Officer, Ennis MD
• Ms. Anne Haugh, Director of Rural Development
• Ms. Noeleen Fitzgerald, Director of Finance and Support Services.
• Mr. Jason Murphy, Director of Social Development.
• Mr. Alan Farrell, Director of Physical Development.

Present via MS Teams:

Cllrs. C. Colleran Molloy, A. Norton

Absent:

Cllrs. M. Howard, P. Daly

Presiding

The Cathaoirleach, Cllr. J. Cooney presided.

Votes of sympathy

Votes of sympathy were extended to the following:

• The Bruton Family on the death of John Bruton, RIP.
• The Garrihy Family, Lisdoonvarna on the death of Bridie Garrihy, RIP.
• The O’Shea Family, Ennis on the death of Seán O’Shea, RIP, former member of Clare County Council from 1974 – 1979.
• The Keating Family, Cross on the death of John Keating, RIP
• The McNamara Family, Quin on the death of Michael McNamara, RIP.
• The Neylon Family, Corofin on the death of Mary Neylon, RIP.
• The Murrihy Family, Quilty on the death of JohnJoe Murrihy, RIP.
• The McNamara Family, Scariff on the death of Geraldine McNamara, RIP.
• The Corbett Family, Sixmilebridge on the death of Tadgh Corbett, RIP.

Cllr. P. Murphy extended a vote of sympathy to the O’Shea Family on the passing of Seán O’Shea, RIP, former member of Clare County Council from 1974 – 1979 and proposed that the meeting be adjourned for 15 minutes as a mark of respect. This was seconded by Cllr. J. Cooney and agreed by the members present.

Cllr. G. Flynn extended a vote of sympathy to the McNamara Family on the passing of Michael McNamara, a retired Senior Executive Officer of Clare County Council and proposed that the meeting be adjourned for 15 minutes as a mark of respect. This was seconded by Cllr. P. Hayes and agreed by the members present.

P. Dowling, Chief Executive on behalf of the staff of Clare County Council wished to be associated with all the votes of sympathy but in particular that of Michael McNamara.

The Cathaoirleach, Cllr J. Cooney requested a minutes silene be observed for all those who passed in the last month before adjourning the meeting for 15 minutes.

The meeting resumed at 3.21p.m.

St. Patrick’s Day Parade in New York

It was proposed by Cllr. Gabriel Keating, seconded by Cllr. P. Murphy 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.

Item 1: Minutes of Council Meetings

a.      Ar moladh Cllr.I. Lynch Cuidithe ag Cllr. T. O’Brien agus glacadh leis

“That the Minutes of the January Meeting of Clare County Council held on 8^th January 2024 be adopted and signed.”

Item 2: Matters Arising

Cllr. P.J. Kelly referred to his notice of motion from the January meeting and advised that he had sought the opinion of a barrister and was advised that the public has a right to have a comprehensible understanding as to why a benefit is being refused.  Cllr. Kelly advised that assessments change from place to place and there is a lack of consistency. Cllr. Kelly requested that the Chief Executive provide a written comprehensive explanation on how visual impact is measured.

Item 3: Correspondence/Comhfhreagras

The following correspondence was circulated with the agenda.

1. Correspondence dated 30^th January, 2024 from the Office of the Minister for State Jack Chamber T.D. in relation to electronic payments for drivers licences.
2. Correspondence dated 18^th January, 2024 from Cathal Crowe T.D. in relation to electronic payments for drivers licences.
3. Correspondence dated 22^nd January, 2024 from the Road Safety Authority in relation to electronic payments for drivers licences.
4. Correspondence dated 17^th January, 2024 from Violet-Anne Wynne T.D. in relation to electronic payments for drivers licences.
5. Correspondence dated 8^th January, 2024 from Senator Roisin Garvey in relation to the Multi-annual Rural Water Programme.
6. Correspondence dated 16^th January, 2024 from the Office of the Minister for Finance in relation to the Residential Zoned Land Tax.
7. Correspondence dated 18^th January, 2024 from Cathal Crowe T.D. in relation to the current policing model.
8. Correspondence dated 18^th January, 2024 from Cathal Crowe T.D. in relation to Part V of The Planning and Development Act 2000.
9. Correspondence dated 11^th January, 2024 from the Office of the Minister for Justice in relation to crime prevention measures.
10. Correspondence dated 16^th January, 2024 from the Office of the Minister for Housing, Local Government and Heritage in relation to vacant property grant scheme.
11. Resolution from Sligo County Council in relation to law breaking prevention measures.
12. Resolution from Carlow County Council in relation to funding schemes such as LIS.
13. Resolution from Mayo County Council in relation to the provision of services for Counties hosting refugees and IP applicants.
14. Resolution from Offaly County Council in relation to the sale of state lands.
15. Resolution from Offaly County Council in relation to a ceasefire in Gaza.
16. Resolution from Offaly County Council in relation to correspondence sent to the Israeli Ambassador.
17. Resolution from Wexford County Council in relation to the Israel/Gaza war.
18. Resolution from Sligo County Council in relation to additional bus services.
19. Conference titled “Tourism Leading the Change” being held on the 18^th and 19^th April 2024 in Kilashee House Hotel, Naas, Co. Kildare.

Cllr. C. Murphy requested an update on the November notice of motion where it was requested that HSE Chief Executive Officer, Bernard Gloster would meet with the members of Clare County Council.

Ms. A. Reynolds, Meetings Administrator confirmed that further correspondence had issued to Mr. Gloster advising that the HSE had provided a general update to members at the December 2023 Council meeting and the Council was seeking to follow up on the option to meet with the new Regional Executive Officer, who was expected to be appointed in Quarter 1 2024.

Cllr. G. Flynn referred to the correspondence received on the two motions he was associated with at the January meeting in relation to review of policing model and the Part V obligation. Cllr. Flynn thanked Deputy Crowe for the work he was doing but in relation to the motion on policing model Cllr. Flynn suggested that members of the Oireachtas and the Minister are not taking the issue seriously and are not understanding the deficiencies in the system. Cllr. Flynn noted that the Gardaí were not at fault for the issues in the system.

Cllr. Flynn referred to the motion regarding the Part V obligation on developers to reserve a minimum 10% for social and affordable housing. Cllr. Flynn noted that this obligation is a deterrent for housing developments. Cllr. Flynn noted that the Minister in his reply was paying lip service to the members of Clare County Council and noted that when the Part V was initially rolled out the Minister remarked that it was under review but in his reply to the members of Clare County Council, he noted that he has no plans to further review Part V at the present time.

Cllr. T. O’Callaghan referred to the correspondence in relation to the policing model and noted that the Gardaí are doing great work, but that resourcing is a concern. Cllr. O’Callaghan further noted that it was well known that the Gardaí are understaffed at every bank holiday weekend and there are not enough Garda cars on the road.

Cllr. M. Begley wished to support Cllr. Flynn’s comments regarding social housing.

Ms. A. Reynolds, Meetings Administrator informed the members of Standing Order 12 (c) whereby the discussion on correspondence items is limited to the original proposer or the proposer’s nominee (one speaker only) of the motion.      

Item 4: Minutes of Municipal District Meetings

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

“That the Minutes of the Ennis Municipal District Meeting held on the 5^th December 2023 be noted”

b.         Ar moladh Cllr. P. Burke Cuidithe ag Cllr. T. O’Brien agus glacadh leis

“That the Minutes of the Killaloe Municipal District Budget Meeting held on the 13^th  November, 2023 be noted.”

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

“That the Minutes of the Killaloe Municipal District Meeting held on the 15^th  November, 2023 be noted.”

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

“That the Minutes of the Killaloe Municipal District Special Meeting held on the 22^nd  November, 2023 be noted.”

e.         Ar moladh Cllr. M. Begley Cuidithe ag Cllr. D. McGettigan agus glacadh leis

“That the Minutes of the Shannon Municipal District Meeting held on the 21^st   November, 2023 be noted.”

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

“That the Minutes of the West Clare Municipal District Meeting held on the 5^th September, 2023 be noted.”

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

“That the Minutes of the West Clare Municipal District Meeting held on the 14^th November, 2023 be noted.”

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

“That the Minutes of the West Clare Municipal District Budget Meeting held on the 14^th November, 2023 be noted.”

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

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

“That the minutes of the Physical Development Strategic Policy Committee meeting held on the 21 November, 2023 be noted.”

Item 6: Minutes of the Corporate Policy Group Meetings

The members note the minutes of the meeting held on 2^nd January 2024 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 referred to the tender process for Kilkee Failte Ireland Platforms and queried when it will be awarded and started. Cllr. Muphy also referred to the Draft Offshore Renewable Energy Future Framework Policy Statement and requested that a member of the Council meet with him for a discussion on it.

Cllr. Murphy referred to the 2023 results at the Cliffs of Moher Experience and commended the team on great results, in particular on the length of stay.

Cllr. J. Flynn acknowledged the work in the Municipal Districts and in particular the change of report presentation in relation to Ennis MD and the segregation of the four projects under Ennis 2040. Cllr. Flynn noted in relation to the Approved Housing Body Project in Loughville, Ennis that Gardaí were called to the site on a Friday night due to work being carried out late at night and causing disruption to the other residents on the road. Cllr. Flynn requested the developer be contacted regarding this issue as the developer is causing undue concern amongst residents.

Cllr. S. Talty raised concern over the delays in rectifying public lighting outages. Cllr. Talty acknowledged the work of local authority staff engaging with the ESB but noted it was unacceptable how long it is taking and that it has been a difficult winter with long dark nights in some areas with outages.

Cllr. Talty welcomed the long awaited Multi-annual Rural Water Programme 2024-2026 framework that was published in January.

Cllr. Talty referred to the social housing project in Ennistymon that is now on hold and noted that it is not a surprise as the current water waste system cannot take a development of this size. Cllr. Talty expressed disappointment that further development in the town is capped now due to inadequate infrastructure.

Cllr. P. Hayes expressed his disappointment in relation to Active Travel and the inability to get any project underway due to lack of funding. Cllr. Hayes suggested a rebalancing of the roads budget and referred to the Chief Executive to look into funding for Municipal District projects.

Cllr. J. Garrihy referred to the Doolin Pier Visitor Services Building and requested an update and possible timeframe for completion.

Cllr M. Begley referred to public lighting and noted that not all outages are to do with deficits in the infrastructure and suggested that a contractor be asked what can and cannot be repaired with current infrastructure.

Cllr. T. O’Brien also acknowledged the comments made by the other members in relation to public lighting and Active Travel funding. Cllr. O’Brien referred to the Killaloe Bridge Crossing and acknowledged that this project will be invaluable to the people of Killaloe and surrounding areas. Cllr. O’Brien commended the staff in the Killaloe Municipal District on their work to date on this project.

Cllr. A. Norton referred to the Cliffs of Moher Experience and noted the level of detail in the report. Cllr. Norton commended the work being done by the Cliffs of Moher team and noted the results they are receiving are phenomenal. Cllr. Norton also referred to the recent news of Homestead Cottage in Doolin receiving a Michelin Star and noted what a fantastic achievement this was for the County.

Cllr. P.J. Ryan referred to the public lighting outages in Meelick, Cratloe, Sixmilbridge and Shannon. Cllr. Ryan noted that the elected members have no real influence on these issues anymore and that two lights in his MD took 9 months to repair.

Cllr. R. McInerney referred to the ‘Safe Routes to School’ programme and the long term benefits this programme would provide. Cllr. McInerney commended the Derelict Sites team on the work being carried out.

Cllr. McInerney referred to the planning application numbers and queried if the numbers are accurate in particular the pre planning enquiries received to date.

Cllr. McInerney referred to the social media statistics and the positive impact of the use of social media.

Cllr. P. O’Gorman referred to the apartments being built in Sixmilebridge on the main street and asked that parking be a consideration for this building. Cllr. O’Gorman referred to the public lighting outages in Meelick and Shannon and noted that estates have been left all winter with black spots.

Cllr. J. Cooney congratulated the Cliffs of Moher and Dromoland Castle Hotel on their recent success at the CIE Tours Awards of Excellence.  

P. Dowling, Chief Executive noted the recurring theme on public lighting issues and advised that the local authority will take the issue up at a senior level and try rectify as soon as possible.

A. Headd, A/Senior Engineer referred to Cllr. Talty’s comments on the housing in Ennistymon being put on hold and noted that it was owing to environmental constraints and insufficient infrastructure. Mr. Headd advised that the situation will be monitored.

Cllr. P. Murphy referred to social housing that is being built in Clarecastle currently and noted that there are concerns that it is being built very close to the edge of the path and requested that this be investigated.

A. Headd, A/Senior Engineer advised that the contract is with a developer, and they will raise it with the Contractor.

Cllr. P. Murphy referred to the Limerick Road Cycle Scheme and referred to comments that were attributed to him the previous week on which clarification was required.

Item 8: Disposal of property at No. 1 Claureen Drive, Ennis, Co. Clare pursuant to Section 183 of the Local Government Act, 2001 and Section 211 of the Planning & Development Act, 2000. 

Report from Carmel Greene, Senior Executive Officer, Economic Development was circulated with the agenda together with map.  The report states that it is proposed to dispose of an area of land measuring 0.098 hectares at No. 1 Claureen Drive, Ennis, Co. Clare to Flannan and Mary Howard, No. 1 Claureen Drive, Ennis, Co. Clare subject to the conditions as set out in the notice served on the members dated 6^th December 2023.

Ar moladh Cllr. C. Murphy Cuidithe ag Cllr. J. Flynn 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 No. 1 Claureen Drive, Ennis, Co. Clare to Flannan and Mary Howard, No. 1 Claureen Drive, Ennis, Co. Clare subject to the conditions as set out in the notice served on the members dated 6^th December 2023.” 

Item 9:           Extension of Lease of Mill House, Mill Road, Ennis, Co. Clare pursuant to Section 183 of the Local Government Act, 2001 and Section 211 of the Planning & Development Act, 2000. 

Report from Carmel Greene, Senior Executive Officer, Economic Development was circulated with the agenda together with map.  The report states that it is proposed to extend the lease of an area of land measuring 0.023 hectares at Mill House, Mill Road, Ennis, Co. Clare to Haven Horizons CLG, Mill House, Mill Road, Ennis, Co. Clare subject to the conditions as set out in the notice served on the members dated 9^th January 2024.

Ar moladh Cllr. J. Flynn Cuidithe ag Cllr. P. Murphy 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, extension of lease of property at Mill House, Mill Road, Ennis, Co. Clare to Haven Horizons CLG, Mill House, Mill Road, Ennis, Co. Clare subject to the conditions as set out in the notice served on the members dated 9^th January 2024.” 

Item 10:        Disposal of property at Cappaduff, Mountshannon, Co. Clare pursuant to Section 183 of the Local Government Act, 2001 and Section 211 of the Planning & Development Act, 2000. 

Report from Jason Murphy, A/Director of Service, Social Development was circulated with the agenda together with map.  The report states that it is proposed to dispose of an area of land measuring 0.340 hectares at Cappaduff, Mountshannon, Co. Clare to Nard Slabbers and Tonia Kusters , Cappaduff, Mountshannon, Co. Clare subject to the conditions as set out in the notice served on the members dated 19^th January 2024.

Ar moladh Cllr. P. Burke Cuidithe ag Cllr. P. Hayes 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 Cappaduff, Mountshannon, Co. Clare to Nard Slabbers and Tonia Kusters , Cappaduff, Mountshannon, Co. Clare subject to the conditions as set out in the notice served on the members dated 19^th January 2024.” 

Item 11:        Draft Climate Action Plan

Report from Pat Dowling, Chief Executive dated 6^th February, 2024 was circulated with the agenda along with a Strategic Environmental Assessment (SEA) Screening and an Appropriate Assessment (AA) Screening Determination. The reports outline details of correspondence previously issued to the members on the Clare Local Authority Climate Action Plan.

P. Dowling, Chief Executive addressed the members and noted that Clare’s Climate Action Plan is a pivotal roadmap for Clare County Councils commitment to sustainability and environmental responsibility. Clare County Council will provide leadership in this space moving towards the local authorities 2030 targets and towards the net zero future. Mr. Dowling advised that Clare County Council understand the urgency of addressing climate change and this plan sets out a pathway towards positive change.

This Climate Action Plan is a comprehensive strategy, aligned to National Policy, that not only mitigates our own environmental impact but aims to continue to develop a more climate resilient county in the face of changing conditions.

Mr. Dowling noted that the local authority recognises the critical need for decisive action and have ambitious targets to reduce carbon footprint, increase energy efficiency, and transition to renewable energy sources. Actions within the plan aim to mitigate climate change through carbon reduction, ensure that Clare’s infrastructure is resilient going forward and supporting communities to transition over the coming years.

Mr. Dowling advised that a highly successful consultation process was completed during the development of this Climate Action Plan with over 400 submissions received between pre-draft and draft stage.

Mr. Dowling noted that Clare County Council will collaborate with all stakeholders to join on this climate journey to commit to a greener, more sustainable future.

Mr. Dowling thanked Morgan Lahiffe and his team for all their work on this plan.

Morgan Lahiffe, Climate Action Co-Ordinator addressed the meeting and referenced Article 6(3) of the Habitats Directive requires that a final determination is made as to whether a plan or project would adversely affect the integrity of a European site.

• Stage 1 AA Screening and Stage 2 AA of the Clare Local Area Climate Action Plan 2024-2029 has been carried out.
• The risks to the safeguarding and integrity of the qualifying interests, special conservation interests and conservation objectives of the European sites have been addressed by the inclusion of mitigation measures.
• In-combination effects from interactions with other plans and projects was considered in the assessment and the mitigation measures incorporated into the plan are seen to be robust to ensure there will be no significant adverse effects as a result of the implementation of the LACAP either alone or in-combination with other plans/projects.
• Having incorporated mitigation measures, it is concluded that the Clare County Council LACAP 2024 -2029 is not foreseen to give rise to any significant adverse effects on designated European sites, alone or in combination with other plans or projects. This evaluation is made in view of the conservation objectives of the habitats or species, for which these sites have been designated.

In light of the above, Clare County Council, pursuant to Article 6(3) of the Habitats Directive, determines that the adoption and implementation of the LACAP will not individually or in combination with any other plan or project adversely affect the integrity of any European site.

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

The elected members thanked Morgan Lahiffe and the Climate Action team for all their work in this area. It was noted by the members that there was a significant amount of consultation with the members and public and the process was very open and engaging. The members acknowledged how important this is for the future and to leave something positive behind.

Cllr. M. Begley noted his concern on the implementation of this plan given that the Department have yet to publish updated Wind Energy Development Guidelines. Cllr. Begley noted that the current guidelines are dated 2006 and that technology has moved on a lot since then.

P. Dowling, Chief Executive noted that it was a point well made by Cllr. Begley but that Clare is not alone with regards to this issue and that details will follow in relation to legislation, regulation and funding. Mr. Dowling advised that this will not stop County Clare from moving forward with this plan.  

Item 12:        Report in accordance with Section 37E (4) and (5) of the Planning and Development Act 2000 (As amended) for the Oatfield Windfarm, Co. Clare

Report from Pat Dowling, Chief Executive was circulated with the agenda.

The Chief Executive report is in accordance with the requirements of Section 37E (4) and 37E (5) of the Planning and Development Act, 2000, as amended, and Planning and Development (Strategic Infrastructure) Act 2006, in relation to the Oatfield Windfarm.

The development consists of 11 no. wind turbines with an energy output of between 52 and 72MW, with a 35-year operational lifespan.

The main components of the development are as follows:

• 11 no. three-blade wind turbines with an overall ground to blade tip height range of 176.5m to 180m, a rotor diameter range of 133m to 150m and a hub height range of 105m to 110m;
• Construction of associated reinforced concrete foundations, crane pad hard-standing areas and associated plan/switching gear;
• Construction of new permanent, internal site tracks and upgrading of existing tracks and associated drainage infrastructure including a clear-span bridge (circa 10m length), concrete culverts and the installation of an on-site Sustainable Drainage System (SuDS);
• 2 no. temporary spoil storage areas: one in the western development area and one in the eastern development area;
• Erection of 1 no. permanent meteorological mast in the western development area with a height of 100 m above existing ground level;
• All associated internal, underground electrical and communications cabling connecting the wind turbines to an on-site substation located in the western development area;
• Provision of underground interconnecting 33kV IPP cabling and underground cable joint bays circa. every 750-1,000m for circa. 10.4km (joining eastern and western development areas) within the public road network including the R471;
• Provision of 1 no. 110kV onsite substation and parking in the western development area (Townland of Oatfield), along with associated control and switchgear building, associated electrical plant and equipment, associated security fencing, external lighting and lightning protection, security cameras and all associated infrastructure;
• All works associated with the connection of the wind farm to the national electricity grid, which will be via a loop-in 110kV underground cable connection (circa. 4.3km cable length and joint bays circa. every 750m), to the existing 110kV overhead line in the townland of Ballycar North, with 2 no. new 16m steel lattice end masts & associated overhead line electrical infrastructure, located at the interface with the existing 110kV overhead line;
• 2 nos. temporary construction compounds, including offices/meeting rooms, parking and transformer;
• 10 no. individual site access points and tracks to turbines, on-site sub-station, met mast, temporary spoil storage & temporary construction compound areas from the local road network/public trackway running north of the R471;
• Forest & tree felling to facilitate construction and operation of the proposed development.
• Temporary works to accommodate turbine delivery route (TOR) in the townland of Knockbrack Lower;
• All associated site development works including Construction, Operation and Decommissioning stage site-lighting, fencing and signage.
• The application is accompanied by an Environmental Impact Assessment Report (EIAR) and a Natura Impact Statement (NIS).

Cllr. J. Flynn informed the meeting that he would like to withdraw from discussion on this item as he is involved in renewable energy. Cllr. J. Flynn stated that he has no involvement in this project.

Cllr. T. O’Brien welcomed the Chief Executive report and outlined serious concerns he and the other Killaloe members have. Cllr. O’Brien advised the meeting that the Killaloe MD members were submitting a report requesting that it be appended with Clare County Councils submission to An Bord Pleanála.

The report from the Killaloe MD sets out the considerations and recommended reasons to refuse permission for the proposed development:

• National Guidelines are outdated to adequately inform such a significant planning decision.
• Outdated Local Wind Energy Strategy.
• Piecemeal approach to the selection of site, approach to development.
• Inadequate approach to community consultation.
• Development would seriously injure the Visual amenities of the area.
• Seriously injure the residential amenities of the area.
• Impact on local tourism amenities, trails and walkway amenities.
• Other issues:
  • Flooding and landslide risks for the targeted windfarm areas.
  • The impact on drinking water and private wells.
  • Resident's homes and properties will be devalued with other land being sterilized.
  • The impact of increased traffic in East Clare.
  • The impact to local business and tourism.
  • The impact to mental health.
  • The impact to local amenities including 12 O’Clock Hills.

P. Dowling, Chief Executive acknowledged receipt of the report from Cllr. O’Brien and noted the rational points made in the report. Mr. Dowling noted the presence of those in the public gallery and the concerns they have over this proposed windfarm.

The elected members were in support of the concerns as outlined in the CE Report and the Killaloe Members own report whereby the following points were outlined:

• The visual impact of the proposed windfarm whereby the height of the turbines at 180m exceeded any such developments permitted elsewhere in the county.
• The ad-hoc approach to the development of the lands in East Clare for wind energy developments
• The traffic implications of the development whereby it was outlined that the road network is not of sufficient capacity to cater for the volume and type of construction traffic that would be generated.
• The lack of appropriate community consultation and that the development of these windfarms was dividing rural communities.
• Concerns that the existing 2006 guidelines were out of date and not relevant for the assessment of the current application.
• That the existing Wind Energy Strategy has been carried over since 2009, is out of date and that the members have not had a chance to review same.
• There was a call on the Minister to suspend windfarm developments until such time as new guidelines have been adopted.
• Impact of the development on residential amenities whereby the use of software for mitigation of shadow flicker is not considered appropriate.
• The impact of the proposal on the recreational amenities of the area including the 12 o’clock hills.
• Focus should be on the development of off-shore turbines and other technologies

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

“To attach report, signed by Cllr. Tony O’Brien, and submitted by the members under Section 37 E (6) of the Planning Act, to the Chief Executive report, to An Bord Pleanála, in respect of proposed Oatfield Windfarm”.=

P. Dowling, Chief Executive advised that Clare County Council will submit their report to An Bord Pleanála including the additional report submitted by the members and a copy of the minutes from today’s meeting.

Cllr. T. O’Brien thanked the Chief Executive and his colleagues for all their support and co-operation on this matter.

Cllr. J. Flynn returned to the meeting following the conclusion of this item.

Item 13:        Appointment of member to Local Authority Members Association (LAMA)

Cllr. P Hayes proposed that Cllr. T. O’Brien to be appointed to the board of the Local Authority Members Association (LAMA). This was seconded by Cllr. R. McInerney and agreed by the members present. 

Item 14:        Kilkee Waterworld Refurbishment

Report dated 12^th February, 2024 from Jason Murphy, A/Director of Service, Social Development Directorate was circulated with the agenda. The report provided an updated on the Kilkee Water World Refurbishment project since the last report to Council last year. the regeneration and retrofit of the Kilkee Water World (KWW) facility has expanded to a €2.1million retrofit project. The project is one of strategic importance to this Council both in West Clare Municipal District but also for the wider recreation and tourism services it provides Bridging finance to fund this project through design and to completion until the various funding elements are claimed, is required and €550,000 was already approved by members at the July 2023 meeting.

Based on updated project plans and cashflow projections, bridge finance of up to €1.5m is now required which will be secured by the council as a charge over the asset until such time as all funding sources are received. This will be managed by KWW and the Social and Finance directorates of Clare County Council.

Ar moladh Cllr. C. Murphy

Cuidithe ag Cllr. G. Keating agus glacadh leis

• “Under Section 66 of the Local Government Act 2001 Promotion of interests of local community, member’s approval is sought to support these keys to success in, Project Bridge Finance to a limit of €1,500,000. This increase in bridge financing will be for the project phase – and cleared within 2024.”
• “Under Section 66 of the Local Government Act 2001 Promotion of interests of local community, Members are asked to approve the request for match funding on the basis that it has been matched by the local boards funding efforts 1:1 and in total the Clare County Council support represents 6% of the overall project value.”
• “Under Section 66 of the Local Government Act 2001 loan funding to KWW of €0.6m. There will be no cost to the council above that budgeted as energy savings and budget subvention will fund the repayments. This loan will be secured as a charge on the asset.”

The elected members acknowledged the importance of this facility not only to Kilkee but to rural Clare. The members thanked and acknowledged those involved in this project within the local authority and on the board of Kilkee Waterworld.

Item 15:        Clare Tourism 2023 Strategy

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

“In light of the findings, data and recommendations of the recent accommodation audit by Failte Ireland I call on Clare County Council to review the implementation of Clare Tourism 2030 Strategy with a view to our role in tackling the stark deficits in bed capacity and accommodation identified which are central to Clare's economy benefiting from our dominant position in the area of successful attractions. I further call on Clare County Council to review impacts of our dominant position on small and medium local business across the county with a view to focus on regenerative approach to tourism to discriminate favourably towards sustainable local SME business and communities across our towns and villages.” (M)

Leonard Cleary, Director of Service, Tourism Development replied as follows:

“The Tourism Department will continue to implement the Strategic Objectives of the Clare Tourism Strategy 2030 with a prioritised focus on working in partnership with Fáilte Ireland to address the key challenges highlighted within the recent Accommodation Audit.  The next steps are to identify key investment opportunities in tourism accommodation of all types for the County of Clare, with the view to ensuring sustainable tourism development and delivery across the County. The role of Clare County Council and Fáilte Ireland is to share the information and create awareness of the economic conditions for the private sector to invest in all types of tourism accommodation including self-catering, glamping, guesthouse, hostel and hotels etc. The role of the private sector is key in responding to market demand for accommodation. Clare County Council’s involvement in tourism attractions is to create that demand by bringing visitors to the county. In this way the Council’s position in relation to tourism attractions is to intervene where there is market failure in the service of the private sector tourism industry. This was discussed at a specially convened workshop of the West Clare Municipal District last week and a shared understanding achieved.

In response to the referenced dominant position, in light of the above and the marketing plan outlined below, the appropriate word would be ‘service’ not ‘dominant’. In line with the Clare Tourism Strategy 2030, the Tourism Department continually work on the imperative basis that all tourism businesses across the County, to include small to medium businesses, are promoted for the County as a destination.  This was the key objective of significantly investing in and developing the new Visit Clare website. 

In line with this, a significant Strategic Marketing Plan is planned within third quarter of each year, ahead of the upcoming new year.  This plan is made with the agreement of the Clare Tourism Advisory Forum and is funded by Clare County Council.

Each yearly Strategic Marketing Plan generates new campaigns, which focus on Clare as a destination and offer an incentive to all businesses to promote their offering.  The Strategic Marketing Plan for 2024 is well advanced, with further investment and enhancement planned in for the new www.visitclare.ie website as well as widespread digital and marketing campaigns that will span the season as well as the shoulder season.

The theme for both the 2023 and 2024 plans is ‘Tourism Together in Clare’, to point out that the Tourism Industry has been challenged significantly over the last number of years and working together is a much better solution than businesses working alone.

The 2024 Strategic Marketing Plan will be launched at the ‘Tourism Together’ Networking Event, scheduled for the evening of 6th March next, to which, all Elected Members are very welcome.

In addition, and in an effort to further promote Clare as a destination, there are two different national and international television programmes / documentaries being planned for the promotion of the County as well as national radio campaigns being planned and underway.”

The elected members welcomed the approach taken to get data driven information, but it was noted that there is a stark deficit of accommodation available throughout the county. The members noted that there is a good number of Air B’n’Bs and self-catering accommodation but a serious lack of hotel accommodation. The members suggested that the local authority engage with state agencies that own land and may be building accommodation e.g. colleges, that would have vacancies in the summer months that could be availed of. It was also noted that it is important to look at how small to medium business in the county could be advantaged.

Item 16:        Post Office Network

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

“I call on Clare County Council to write to the Minister for Communications highlighting our concerns over the long-term viability of the Post Office network. To date the network is dependent on a €10 million subsidy from government that will cease in two years ensuring stability. A long-term viable model needs to be implemented to protect County Clare’s network within both urban and rural communities into the future.” (M)

The elected members acknowledged that there needs to be a more sustainable business model for Post Offices. It was noted that big banks control the market and that post offices can’t compete with them. The members suggested the government look at other models across Europe and in New Zealand that are working well. The members noted that the solution is not to remove these essential services from small towns and villages as these communities will suffer if there are not sufficient amenities.

Item 17:        Crói Cónaithe Scheme

Ar moladh Cllr. A. O’Callaghan

“What level of interest has there been in the Crói Cónaithe scheme- 

How many applications?

How many of these applications were successful?

What is the approximate turnaround time from receiving application to receiving a decision?” (Q)

Carmel Green, Senior Executive Officer, Planning & Economic Development replied as follows:

“The following Table shows the details on the number of applications for the Vacant Property Refurbishment Scheme and the current status on the applications as at 29^th January 2024.  Updates on the Grants Scheme is provided in the monthly management report each month.

No of Applications Submitted		Overall %
Year 2022	33	11%
Year 2023	251	85%
Year 2024	12	4%
Total no. of Grant Applications	296	100%
Proposed Use of Grant aided property
Private Residency	214	72%
Rental Property	82	28%
Decisions Made
Approved	146	49%
Rejected	14	5%
Withdrawn	26	9%
Grant funding paid out	4	1%
Grant funding withdrawn	2	1%
Total	192	65%
Applications in Progress
In Progress	23	8%
Further Information Requested	63	21%
Awaiting Technical Inspection	18
Total	104	35%

The turnaround time for applications depends greatly on the details provided in the initial application and whether or not there is a need to request additional information.  You will see from the above table that we have 23 applications being processed, half of those are 2024 applications.  We continue to provide advice and information to all in advance of making an application and during the process.

Item 18:        Amendments to the Planning Act

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

“That Clare members of Oireachtas Eireann use the occasion of amendments to Planning Act as an opportunity to address, by extra amendments, the major difficulties caused in Clare by the present act.” (M)

The elected members noted that their role in the County Development Plan process is being diminished and they are looking for the Oireachtas members to hand the full role back to them as they feel that the best decisions are made by those closest to the communities. The members feel that the restrictions within the act will be a detriment to the rural communities in Clare.

Item 19:        Affordable Housing

Ar moladh Cllr. J. Flynn Cuidithe ag Cllr. P. Burke, T. O’Callaghan, G. Flynn agus glacadh leis

“We are requesting Clare County Council’s Chief Executive Pat Dowling to purchase suitable property in the county for the construction of affordable housing and to also provide details of property currently owned by Clare County Council that is earmarked for the provision of affordable housing and is suitably zoned not alone in Ennis and Shannon but throughout County Clare and also to identify the quantity and type of proposed affordable homes (standard housing or apartments).

We are also requesting the CE to instruct the housing department to urgently put out a request to building contractors for quotations to deliver affordable housing on property owned by Clare County Council and in view of the fact that people on lower incomes between €35,000 and €49,000 are unable to access the current round of affordable homes been delivered by the Council we would request that the quotations from the building contractors would include the cost of delivering modular homes and standard build. We would also request that our motion would be forwarded to the Housing Minister Darragh O’Brien and Clare’s Oireachtas Members.” (M)

Adrian Headd, A/ Senior Engineer, Social Development replied as follows:

“Clare County Council (CCC) continue to explore all options regarding the proposed acquisition of suitably zoned lands for the purposes of providing both social and affordable homes. To date we have published 11 no. expression of interest campaigns (the latest Q4 2023) seeking suitable lands for sale and we intend to publish another expression of interest in the coming days. We also continue to apply resources to engage with Estate Agents / Auctioneers regarding the potential purchase of suitable lands which are advertised for sale.

All suitably zoned landbanks in CCC ownership currently have approval from the Dept. of Housing, Local Government & Heritage (DHLGH) for social housing projects, which are being actively progressed by CCC, except for lands at Francis St, where it is proposed to provide for 39 no. affordable homes.

Separately CCC continue to seek expressions of interest from Developers regarding the delivery of affordable housing across the County from which we have already received approval from the DHLGH for 1 no. scheme in Shannon with 2 no. applications for other schemes in Ennis currently being considered by the DHLGH which if approved could provide for a total of 31 no. social homes. This is separate to the proposed development at Francis St.

Should CCC acquire lands for the purposes of providing affordable housing then consideration will be given for the use of modern methods of construction and design & build as part of the design and in this regard CCC are involved with other LAs in the region in the development of a Consultancy Framework for such large-scale projects.”

The elected members raised concern over the gap between those who own their own homes (80% of people over 40 own their own homes) and those who can’t get on the housing ladder at all. The members noted that there is a significant shortfall in the housing market currently and that smaller building contractors cannot get funding to sustain their businesses. The members are calling for the government to review all options to reduce costs for building homes. The members acknowledged that affordable housing is also needed in rural communities and coastal communities where properties are being bought for investment purposes and as holiday homes.

The members agreed to defer the remaining items to the adjourned Council meeting scheduled to take place on Monday, 19^th February, 2024 at 3.00 p.m.

Conclusion

The meeting then concluded.

Signed: ____________________________ Riarthóir Cruinnithe

Signed: _____________________________ Cathaoirleach

Date:               _____________________________

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