ADDITIONAL legal advice has been sought by Clare councillors ahead of a crucial vote in March on whether or not to adapt the County Development Plan.

Reference was made to the 2002 case of McEvoy versus Meath County Council in a proposal put before Clare County Council by Cllr Clare Colleran Molloy (FF), Cllr Michael Begley (IND) and Cllr Mary Howard (FG).

In the 2002 case, the applicants sought an order declaring that in adopting a development plan for the county of Meath, the Respondent failed to have “due regard” to the strategic planning guidelines for the greater Dublin area and that in consequence the plan was void and of no effect. The High Court ordered the successful Respondent to pay part of Applicant’s costs in a case involving the planning dispute, as there was a public interest element and the Respondent had contested facts which should have been agreed.

Clarity was requested by the Clare trio on whether the case provided “sound legal basis to permit” councillors to deviate from guidelines for bona fide reasons consistent with proper planning and sustainable development.

No response was issued by the County Solicitor, instead Director of Service, Liam Conneally compiled a written reply “in consultation” with the County Solicitor. “The finding of McEvoy v. Meath County Council has been superseded by statutory developments since 2002, to the extent that the duty ‘to have regard to’ has effectively been replaced by more restrictive measures”. Guidelines inserted in the Planning and Development (Amendment) Act 2018 (“the 2018 Act”) “require a planning authority to comply with them, rather than to have regard to them”.

“We need to be equipped with the correct legal understanding,” Cllr Colleran Molloy stated. “We’re learning that McEvoy does not apply to planning guidelines we are being forced to comply with and not have regard to,” the qualified barrister noted.

Councillors were “certainly entitled to a proper legal reply,” Cllr Begley argued. “If I was a business person and I made projections for my business for the next ten years, a year or two later if I found out that basis for my facts had changed, surely I would go back and revise the basis for setting out the guidelines,” the Clonlara representative commented.

County Development Plans continue to be “so contentious,” Cllr Mary Howard (FG) believed. “You don’t know if you’re doing it right or wrong, you are goosed if you do and goosed if you don’t”. Similar issues are being raised all over the country, the Ennis representative flagged.

Cllr PJ Kelly (FF) observed that the McEvoy case “says you can disregard guidelines if you give clear proper reasons for doing so”.

Although councillors remain frustrated to a huge degree, “we haven’t moved one step,” Cllr Pat McMahon (FF) said of the lengthy debates surrounding the County Development Plan. “Over 50 settlements in Clare haven’t wastewater infrastructure, now and again we get crumbs from the table to get new infrastructure but I’m beginning to think they have no intention of doing the fifty”.

Clare’s desired achievements will not be reached “unless there is a mind shift at national level,” Chief Executive of the local authority, Pat Dowling stated. “We can win all the legal battles but there needs to be a change in that”. Colleran Molloy responded, “Nobody wants combative arguments unless we can have a positive outcome”.

Related News

beechpark shed 1
Council submit plans for renovation of Beechpark yard for second time following 'typographical error'
sixmilebridge main st may 2022
Detention of 16 year old ordered after rolling car at 180kmph on motorway
3
June blooms and fathers day flowers
Brendan O'Regan Bust-2
Bust of O'Regan unveiled at Council HQ

Advertisement

Latest News
6
Reflexology at Clare Wellness Clinic
sinn féin housing protest
Centralised system saw Sinn Féin print with companies outside of Clare
clare v galway ladies football 30-03-25 caoimhe harvey 2
Win in Wexford would secure top spot in Group 4 for Clare ladies
clare v galway minor 01-06-2 liam murphy 7
Minor semi-final is major opportunity for Clare
beechpark shed 1
Council submit plans for renovation of Beechpark yard for second time following 'typographical error'
Premium
beechpark shed 1
Council submit plans for renovation of Beechpark yard for second time following 'typographical error'
sixmilebridge main st may 2022
Detention of 16 year old ordered after rolling car at 180kmph on motorway
doora barefield v kilmurry ibrickane 13-06-25 darren hickey tom mcdonald 1
Doora/Barefield to face Éire Óg in Cusack Cup decider after overcoming Bricks
quilty gabriel keating flood 2
Keating ran up diesel bill of over €2k for election bid
clare v galway minor 01-06-2 graham ball 4
'We're ready to give All-Ireland semi-final a right go'- O'Connell

Subscribe for just €3 per month

If you’re here, you care about County Clare. So do we. Did you rely on us for Covid-19 updates, follow our election coverage, or visit The Clare Echo every week for breaking news and sport? The Clare Echo invests in local journalism and we want to safeguard its future in our county. By becoming a subscriber you are supporting what we do, will receive access to all our premium articles and a better experience, while helping us improve our offering to you. Subscribe to clareecho.ie and get the first six months for just €3 a month (less than 75c per week), and thereafter €8 per month. Cancel anytime, limited time offer. T&Cs Apply. www.clareecho.ie.

Subscribe for just €3 per month

If you’re here, you care about County Clare. So do we. Did you rely on us for Covid-19 updates, follow our election coverage, or visit The Clare Echo every week for breaking news and sport? The Clare Echo invests in local journalism and we want to safeguard its future in our county. By becoming a subscriber you are supporting what we do, will receive access to all our premium articles and a better experience, while helping us improve our offering to you. Subscribe to clareecho.ie and get the first six months for just €3 a month (less than 75c per week), and thereafter €8 per month. Cancel anytime, limited time offer. T&Cs Apply. www.clareecho.ie.

Advertisement