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 “The finding of McEvoy v. Meath County Council has been superseded by statutory developments since 2002, to the extent that the duty ‘to have regard to’ has effectively been replaced by more restrictive measures”.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

jennifer carroll macneill 1
Health Minister to visit Clare
Martin Downes at Ennis Court
Three Carrigaholt post office accused to go before circuit court
st flannans college 1
HSE to reignite planning row by reapplying for €25m hospital on grounds of Ennis school
Tom Micks Photography
Ennis TY students aim to bring hundreds of primary school kids together through GAA and Gaelige
Latest News
kerry v clare 06-01-26 michael nash 1
Nash leaves Clare football panel for summer Stateside
limerick vs clare 03-05-26 rg cathal malone aidan o'connor 1
'Solid performance with element of control' for Kiely & Limerick
jennifer carroll macneill 1
Health Minister to visit Clare
down v clare 24-01-26 darragh bohannon 1
Hamstring setback for Bohannon
Martin Downes at Ennis Court
Three Carrigaholt post office accused to go before circuit court
Premium
Hayes hearty as minors claim silverware
McNamara slams Diocese for ignoring wishes of the dead over hospital lands
Six members of U20 squad join Clare senior training panel
Bridge Utd out to battle for Shield title
Storming finish sees Clare power into Munster U20 final

Annual Subscription!

The Clare Echo annual subscription for just €69.99 a year. 

Prefer to pay monthly? Click the monthly option 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.