*Ballymacraven River.
AN BORD PLEANÁLA has refused planning permission to an Ennistymon farmer in a planning row between two North Clare farm households.
Both households have already been engaged in a right of way dispute dating back more than two decades.
Joseph Scales has been refused planning permission by An Bord Pleanála for the development of American Barn Horses stables at Calluragh West, Ennistymon due to potential pollution concerns for the nearby Ballymacraven River.
The project was stalled in December 2023 after neighbouring farmer, John Joseph Madigan appealed the Clare County Council planning permission.
The appeal came more than two years after a Circuit Court judge pleaded with the Scales and Madigan households in a long running right of way dispute not to bring “more hatred, bitterness or even tragedy on any of your families”.
At Ennis Circuit Court in October 2021, Judge Brian O’Callaghan said that court proceedings concerning the right of way at Calluragh, Ennistymon, Co Clare “have been going in and out of this court for the past twenty years”.
Judge O’Callaghan stated, “It is quite clear to this court that in 20 years that common sense has to yet to visit the households of the Scales and Madigan families”.
In the case concerning Joseph Scales and John Joseph Madigan’s father, PJ, Judge O’Callaghan said, “I am inviting both set of parties to take a step back, buy ‘a bottle of cop-on’ and to drink from it”.
The first court order concerning the initial proceedings involving Joseph Scales and PJ Madigan was first made in June 2002 at Ennis Circuit Court. Since then, a further eleven court orders were made including one in 2003, two in 2006, one in 2007, one in 2008, two in 2009 and two in 2010.
Now, in the separate planning row, the board has refused planning permission after stating that it is not satisfied that the development would not be prejudicial to public health or would not seriously injure the residential amenities of properties in the vicinity.
On the pollution fears, the board stated that it is of the opinion that due to the proximity of the site to the Ballymacravan River which is a tributary of the Inagh River and the Inagh Estaury SAC that the presence of potential hydrological pathways involving surface water/groundwater have not been adequately addressed so as to definitively preclude contamination of the watercourse.
Architect, Michael Leahy on behalf of John Joseph Madigan told An Bord Pleanála that the
proximity of the Joseph Scales proposal to the road with horses galloping on the exercise area, “has the potential to frighten animals, mainly dairy cows, being driven along the road over and back twice daily”.
The appeal stated, “Cows when frightened can be dangerous to the drover and this may result in serious injury”.
Mr Leahy said that the Madigan’s home is directly across from the proposed horse stables and exercise area. “We believe that the proposal will interfere with Mr Madigan’s ability to carry out his farm business and no consideration has been given to the continued viability of his farm business on the assessment of this application”.
Mr Leahy stated that “Mr Madigan has invested heavily in his farm business and is concerned that the proposal will affect the financial viability of his farm”.
