The Revenue Commissioners will demand about €50 million in back taxes from property developers after a landmark court ruling that a Vat avoidance scheme designed by accountancy firm Deloitte & Touche was ‘‘an abusive practice’’.
In a sternly-worded judgment, High Court judge Peter Charleton rejected a claim by a building partnership that it was not liable for Vat on the sale of 15 holiday homes in Baltimore, Co Cork.
Edward Cussens, John Jennings and Vincent Kingston had sought to reduce their Vat liability on the sale of €3 million-worth of holiday homes, by signing a lease for 20 years and one month with a related company, Shamrock Estates, which then leased the property back to the partners.
However, the High Court held that the lease was ineffective because there was no prior written consent by ACC Bank, the mortgage provider. The court also ruled that the ‘‘lease and leaseback had no commercial reality and constituted an abusive practice within the doctrines identified by the European Court of Justice’’.
The Revenue is understood to be pleased with the ruling, which effectively gives it a new legal weapon to combat elaborate tax avoidance schemes. Industry sources estimated the Revenue could reap as much as €50 million in back taxes and suggested some leading property developers could be affected.
The decision enshrines in Irish law an earlier decision by the ECJ which ruled that transactions carried out for the sole purpose of obtaining an artificial tax advantage were an abuse of the tax system. The 2006 ECJ ruling related to a tax avoidance scheme by the Halifax Bank in Britain and others.
The ruling is a blow to Deloitte &Touche, which is believed to have set up similar schemes for other clients. Many of them will now face Vat demands from the Revenue Commissioners unless the decision is successfully appealed.
Kingston, one of the members of the partnership, said it was likely the partners would appeal to the Supreme Court, adding that they had 21 days from the June 11 High Court decision to decide whether to appeal. He confirmed that his partnership had been advised by Deloitte & Touche. At the time of writing, Deloitte & Touche had not responded to a request for comment.
Dermot O’Brien, a Vat specialist and former president of the Irish Taxation Institute, said this weekend that the ruling was of huge interest. ‘‘It is one of the most significant Irish Vat judgments,” he told The Sunday Business Post.
Sunday Business Post
www.buckplanning.ie
Showing posts with label planning and developmenrt. Show all posts
Showing posts with label planning and developmenrt. Show all posts
Sunday, 22 June 2008
Saturday, 14 June 2008
Call for action on 'landing strip' road
Council urged to get tough over illegal land work
A City Councillor has called on planning officials to force a prominent Galway businessman to immediately reinstate lands in Knocknacarra to the way they were before he illegally developed a road that is as wide "as a landing strip for small aircraft".
An aerial photograph taken recently shows the extent of the unauthorised works carried out by city auctioneer John O'Dolan at his lands along the shore at Lough Rusheen which is zoned amenity and is leading into a candidate Special Area of Conservation.
At the Circuit Court last month the works were deemed to be in breach of planning regulations; however Judge Raymond Groarke adjourned the hearing to July 23 to enable the auctioneer to "liaise with the City Council and move things along".
The Council this week informed Cllr Donal Lyons that the unauthorised works "can only be rectified by a successful application for retention", however he is calling on the Council to instruct Mr O'Dolan to restore the lands to what they previously were.
"People may not be able to see it from the Barna Road, but the aerial photographs clearly show the extent of the unauthorised works that the developer undertook in an area that is zoned amenity and Special Area of Conservation.
"It's clearly not a walkway, it's 22 metres wide in places which is wider than the Barna Road. Why did he build a roadway there, it serves no purpose?"
"It's a very sensitive area and if he gets retention for this unauthorised road what is he going to do with it - it's so wide residents fear that it could be used as a landing strip for small aircraft," Cllr Lyons said.
Cllr Lyons said that residents are also concerned that Mr O'Dolan is ultimately hoping to demote the area and have it zoned agricultural which would open it up for development.
He added that he has been a public representative in the area for 22 years, and contrary to suggestions from other councillors, he would never allow Lough Rusheen to be rezoned for development.
"I will fight tooth and nail to have the amenity status of this beautiful area maintained," he said.
Yesterday residents sent a letter to Director of Planning Tom Connell referring to Mr O'Dolan's claim that the unauthorised roadway along the shoreline could eventually form part of an amenity pathway which may be developed by the Council.
"We are aware that there are no current City Council plans for a pathway and that any such plans would require to be processed as provided for in Part 8 of the Local Government Regulations 2001.
"Were the Council to reach agreement with Mr O'Dolan to the effect that this unauthorised roadway could now be deemed to be approved as part of a future public pathway, such approval would also contravene the above mentioned regulations unless the required procedures were followed."
The residents also noted in the letter that other issues brought by the Council to court have not been resolved including trees removed and damaged within the curtilege of the site and on adjoin amenity and SAC lands; archaeological site damage; intrusion into the amenity and SAC lands by constructing roadways, erecting fences and gateways; the raising of walls along the boundary of the site which is a protected view line; and the introduction of tons of boulders, rock and fill onto the site.
Meanwhile, this week Cllr Niall O Brolchain expressed fears that the special area could be "buried under a mass of concrete and exclusive apartments" and "turned into a playground for the rich".
DARA BRADLEY
Galway City Tribune
www.buckplanning.ie
A City Councillor has called on planning officials to force a prominent Galway businessman to immediately reinstate lands in Knocknacarra to the way they were before he illegally developed a road that is as wide "as a landing strip for small aircraft".
An aerial photograph taken recently shows the extent of the unauthorised works carried out by city auctioneer John O'Dolan at his lands along the shore at Lough Rusheen which is zoned amenity and is leading into a candidate Special Area of Conservation.
At the Circuit Court last month the works were deemed to be in breach of planning regulations; however Judge Raymond Groarke adjourned the hearing to July 23 to enable the auctioneer to "liaise with the City Council and move things along".
The Council this week informed Cllr Donal Lyons that the unauthorised works "can only be rectified by a successful application for retention", however he is calling on the Council to instruct Mr O'Dolan to restore the lands to what they previously were.
"People may not be able to see it from the Barna Road, but the aerial photographs clearly show the extent of the unauthorised works that the developer undertook in an area that is zoned amenity and Special Area of Conservation.
"It's clearly not a walkway, it's 22 metres wide in places which is wider than the Barna Road. Why did he build a roadway there, it serves no purpose?"
"It's a very sensitive area and if he gets retention for this unauthorised road what is he going to do with it - it's so wide residents fear that it could be used as a landing strip for small aircraft," Cllr Lyons said.
Cllr Lyons said that residents are also concerned that Mr O'Dolan is ultimately hoping to demote the area and have it zoned agricultural which would open it up for development.
He added that he has been a public representative in the area for 22 years, and contrary to suggestions from other councillors, he would never allow Lough Rusheen to be rezoned for development.
"I will fight tooth and nail to have the amenity status of this beautiful area maintained," he said.
Yesterday residents sent a letter to Director of Planning Tom Connell referring to Mr O'Dolan's claim that the unauthorised roadway along the shoreline could eventually form part of an amenity pathway which may be developed by the Council.
"We are aware that there are no current City Council plans for a pathway and that any such plans would require to be processed as provided for in Part 8 of the Local Government Regulations 2001.
"Were the Council to reach agreement with Mr O'Dolan to the effect that this unauthorised roadway could now be deemed to be approved as part of a future public pathway, such approval would also contravene the above mentioned regulations unless the required procedures were followed."
The residents also noted in the letter that other issues brought by the Council to court have not been resolved including trees removed and damaged within the curtilege of the site and on adjoin amenity and SAC lands; archaeological site damage; intrusion into the amenity and SAC lands by constructing roadways, erecting fences and gateways; the raising of walls along the boundary of the site which is a protected view line; and the introduction of tons of boulders, rock and fill onto the site.
Meanwhile, this week Cllr Niall O Brolchain expressed fears that the special area could be "buried under a mass of concrete and exclusive apartments" and "turned into a playground for the rich".
DARA BRADLEY
Galway City Tribune
www.buckplanning.ie
Sunday, 30 March 2008
€8m medical and educational facility for Limerick jail
A NEW €8 million medical and educational facility has been officially opened at the oldest prison in the Republic.
The state-of-the-art facility is at Limerick Prison, which houses 275 male and 20 female prisoners. This is the latest phase in the redevelopment of the 19th-century building where two new prisoner blocks have been developed in the past 10 years.
According to Minister for Justice Brian Lenihan, who performed yesterday's opening, plans are also under way to replace the remaining two Victorian cell blocks at the Limerick jail.
All of the female prisoners and 175 of the male prisoners at Limerick have in-cell sanitation, leaving 100 prisoners still engaging in the practice of "slopping out".
Mr Lenihan said the new development was just one aspect of a major capital programme "into which the Government is currently investing significant resources".
This building programme, he added, included the relocation of the four prisons on the Mountjoy campus to a 140-acre site at Thornton Hall, north Co Dublin, the replacement of Cork Prison and the redevelopment of Portlaoise Prison.
"Between them, these comprise nearly 40 per cent of the entire prison estate and the completion of these projects will thankfully see the end of the practice of slopping out."
The new €8 million facility at Limerick will cater for prisoners' educational, work training and medical needs. A fully equipped gymnasium and sports hall have also been provided with equipment for prisoners' recreation.
Mental healthcare along with primary care will be provided in the medical area of the new facility where drug-treatment services will also be provided to prisoners.
Prison governor Tadhg O'Riordan acknowledged the input of the late governor of the jail Pat Laffan, who died suddenly two years ago.
The Irish Times
www.buckplanning.ie
The state-of-the-art facility is at Limerick Prison, which houses 275 male and 20 female prisoners. This is the latest phase in the redevelopment of the 19th-century building where two new prisoner blocks have been developed in the past 10 years.
According to Minister for Justice Brian Lenihan, who performed yesterday's opening, plans are also under way to replace the remaining two Victorian cell blocks at the Limerick jail.
All of the female prisoners and 175 of the male prisoners at Limerick have in-cell sanitation, leaving 100 prisoners still engaging in the practice of "slopping out".
Mr Lenihan said the new development was just one aspect of a major capital programme "into which the Government is currently investing significant resources".
This building programme, he added, included the relocation of the four prisons on the Mountjoy campus to a 140-acre site at Thornton Hall, north Co Dublin, the replacement of Cork Prison and the redevelopment of Portlaoise Prison.
"Between them, these comprise nearly 40 per cent of the entire prison estate and the completion of these projects will thankfully see the end of the practice of slopping out."
The new €8 million facility at Limerick will cater for prisoners' educational, work training and medical needs. A fully equipped gymnasium and sports hall have also been provided with equipment for prisoners' recreation.
Mental healthcare along with primary care will be provided in the medical area of the new facility where drug-treatment services will also be provided to prisoners.
Prison governor Tadhg O'Riordan acknowledged the input of the late governor of the jail Pat Laffan, who died suddenly two years ago.
The Irish Times
www.buckplanning.ie
Sunday, 23 March 2008
Gardaí speak to councillors over planning claim
GARDAÍ INVESTIGATING suspected planning irregularities have been interviewing members of Waterford County Council.
A number of councillors have been informally spoken to by gardaí in recent days, and others are expected to speak to gardaí in coming days.
The investigation relates to a planning application that was submitted to the council for approval.
Gardaí in Dungarvan have been told that a developer had offered incentives to people involved in the planning process in an effort to get a mixed-use application approved.
As an initial part of their inquiry gardaí have decided to speak to all members of the county council informally to ascertain if the developer at the centre of the allegation had offered them any incentive for voting favourably on the application.
The Irish Times understands gardaí also plan to informally interview members of Waterford City Council when the current phase of their investigation is complete.
Some county councillors last night confirmed they had been informally interviewed.
Informed sources said gardaí asked the councillors if the developer or their agents had offered the councillors foreign trips or had pledged to make investments in local projects if they voted in favour of the planning application.
It is understood a member of the public approached an elected representative and relayed the allegations.
The representative then passed the information to gardaí in Dungarvan, and an official Garda investigation was begun.
Sources stressed that the investigation was at a very early stage and it was unknown at this point if corruption or criminal charges would follow or if a file would even be submitted to the Director of Public Prosecutions.
The investigation is the latest in a series of alleged corruption matters involving the council.
In 2005 all councillors were spoken to informally by gardaí when a complaint about alleged planning corruption was made to gardaí in the county. That allegation related to suspected irregularities with Part V contributions by building developers.
Part V planning contributions are payments made by developers to local authorities in lieu of providing a portion of a development for social and affordable housing as set out in the Planning and Development Act 2000.
Separately, one former employee is currently facing charges relating to allegations of corruption in the awarding of a building contract.
Joseph Brennan, of Ceithre Gaoithe, An Rinn, last appeared at Dungarvan District Court on March 11th on a charge that in November 2002 he induced a named individual to award a kerbing contract to another man with the intention of making gain for the contractor.
The accused, who has been granted bail, has not worked with the local authority for the last two years.
He is to appear again in court on Tuesday, when a date will be fixed for hearing.
The Irish Times
www.buckplanning.ie
A number of councillors have been informally spoken to by gardaí in recent days, and others are expected to speak to gardaí in coming days.
The investigation relates to a planning application that was submitted to the council for approval.
Gardaí in Dungarvan have been told that a developer had offered incentives to people involved in the planning process in an effort to get a mixed-use application approved.
As an initial part of their inquiry gardaí have decided to speak to all members of the county council informally to ascertain if the developer at the centre of the allegation had offered them any incentive for voting favourably on the application.
The Irish Times understands gardaí also plan to informally interview members of Waterford City Council when the current phase of their investigation is complete.
Some county councillors last night confirmed they had been informally interviewed.
Informed sources said gardaí asked the councillors if the developer or their agents had offered the councillors foreign trips or had pledged to make investments in local projects if they voted in favour of the planning application.
It is understood a member of the public approached an elected representative and relayed the allegations.
The representative then passed the information to gardaí in Dungarvan, and an official Garda investigation was begun.
Sources stressed that the investigation was at a very early stage and it was unknown at this point if corruption or criminal charges would follow or if a file would even be submitted to the Director of Public Prosecutions.
The investigation is the latest in a series of alleged corruption matters involving the council.
In 2005 all councillors were spoken to informally by gardaí when a complaint about alleged planning corruption was made to gardaí in the county. That allegation related to suspected irregularities with Part V contributions by building developers.
Part V planning contributions are payments made by developers to local authorities in lieu of providing a portion of a development for social and affordable housing as set out in the Planning and Development Act 2000.
Separately, one former employee is currently facing charges relating to allegations of corruption in the awarding of a building contract.
Joseph Brennan, of Ceithre Gaoithe, An Rinn, last appeared at Dungarvan District Court on March 11th on a charge that in November 2002 he induced a named individual to award a kerbing contract to another man with the intention of making gain for the contractor.
The accused, who has been granted bail, has not worked with the local authority for the last two years.
He is to appear again in court on Tuesday, when a date will be fixed for hearing.
The Irish Times
www.buckplanning.ie
Friday, 25 January 2008
Lawyers for stables denounce plans for bioenergy facility
The legal team for John Magnier's Coolmore Stud and Ballydoyle Stables has denounced plans for a bioenergy plant in south Tipperary as "fundamentally unsuitable" for the location and the "antithesis of good planning".
Barrister Donal O'Donnell told the second day of a Bord Pleanála hearing yesterday that a "tranquil, pristine, rural environment" close to "the greatest racing stables in the world" was "the last place on earth" where one would choose to build such a facility.
Mr O'Donnell accused Green Organics Energy Ltd, the company hoping to build the facility, of "planning opportunism" and said there was a "disturbing inconsistency and instability" about its proposals. He said it had not chosen the site in Rosegreen for its planning merits but because of its historical use for animal rendering.
The company wants to process animal byproducts from meat-processing factories and other biodegradable waste and create "green" electricity and biodiesel. Avglade/ National-By-Products, one of the companies behind the venture, owns the site and operated a rendering business there until the end of 2003.
Earlier, Rory Brady SC, for Green Organics Energy, called on a expert witnesses support the company's case. He introduced consultants from Germany who said the technology to be used in the Tipperary plant was fully compliant with EU legislation and was being used safely and effectively in many European countries.
Dr Udo Dinglreiter, from the Bavarian engineering company R. Scheuchl, said his company had installed the technology in a similar plant in Germany and that he was "not aware of any complaint of any citizen living close to the plant".
Moreover, an Irish veterinary expert said the proposed facility posed no threat to horses if it is managed properly. Dr Kevin Dodd, a former lecturer at UCD's veterinary college, told the hearing that his specialist area of interest is "the assessment of the impact of agri-industrial developments on animal health in the receiving environment".
He said horses in the area had been exposed to an adjacent rendering plant for many years without any negative health consequences.
Responding to concerns that leaks from the plant could contaminate water supplies and a local river, he said spreading cattle slurry on land was "much more likely to contaminate water courses".
He also addressed fears that have been expressed by Aidan O'Brien, the trainer at Ballydoyle, who said that racehorses were very sensitive to air quality.
Dr Dodd pointed out that "the greatest source of dust for horses arises from their own environment such as straw bedding, hay or the fabric of the stable building".
Paul Barrett, project manager at Green Organics Energy, urged the Government to support the bioenergy plant which he said was the type of facility which was required "if Ireland is to meet the ambitious renewable energy targets" set out by the European Commission.
Mr O'Donnell, however, accused Green Organics of an attempt to "wrap the application in the green safety blanket of Kyoto".
The Irish Times
www.buckplanning.ie
Barrister Donal O'Donnell told the second day of a Bord Pleanála hearing yesterday that a "tranquil, pristine, rural environment" close to "the greatest racing stables in the world" was "the last place on earth" where one would choose to build such a facility.
Mr O'Donnell accused Green Organics Energy Ltd, the company hoping to build the facility, of "planning opportunism" and said there was a "disturbing inconsistency and instability" about its proposals. He said it had not chosen the site in Rosegreen for its planning merits but because of its historical use for animal rendering.
The company wants to process animal byproducts from meat-processing factories and other biodegradable waste and create "green" electricity and biodiesel. Avglade/ National-By-Products, one of the companies behind the venture, owns the site and operated a rendering business there until the end of 2003.
Earlier, Rory Brady SC, for Green Organics Energy, called on a expert witnesses support the company's case. He introduced consultants from Germany who said the technology to be used in the Tipperary plant was fully compliant with EU legislation and was being used safely and effectively in many European countries.
Dr Udo Dinglreiter, from the Bavarian engineering company R. Scheuchl, said his company had installed the technology in a similar plant in Germany and that he was "not aware of any complaint of any citizen living close to the plant".
Moreover, an Irish veterinary expert said the proposed facility posed no threat to horses if it is managed properly. Dr Kevin Dodd, a former lecturer at UCD's veterinary college, told the hearing that his specialist area of interest is "the assessment of the impact of agri-industrial developments on animal health in the receiving environment".
He said horses in the area had been exposed to an adjacent rendering plant for many years without any negative health consequences.
Responding to concerns that leaks from the plant could contaminate water supplies and a local river, he said spreading cattle slurry on land was "much more likely to contaminate water courses".
He also addressed fears that have been expressed by Aidan O'Brien, the trainer at Ballydoyle, who said that racehorses were very sensitive to air quality.
Dr Dodd pointed out that "the greatest source of dust for horses arises from their own environment such as straw bedding, hay or the fabric of the stable building".
Paul Barrett, project manager at Green Organics Energy, urged the Government to support the bioenergy plant which he said was the type of facility which was required "if Ireland is to meet the ambitious renewable energy targets" set out by the European Commission.
Mr O'Donnell, however, accused Green Organics of an attempt to "wrap the application in the green safety blanket of Kyoto".
The Irish Times
www.buckplanning.ie
Sunday, 20 January 2008
New 200-bed hotel planned for Vicar Street music venue
A 200-BED hotel is to be built at the Vicar Street music venue. Crosbie Properties has applied for planning permission for the hotel which will also contain artists' studios and rehearsal rooms. The new hotel will function as a showcase for emerging Irish artists and a budget of 1m has been set aside for the purchase of art works by talented young painters, sculptors and designers. The music venue will remain open during construction.
Designed by Yvonne Farrell of Grafton Architects the new hotel will be 'modern and stylish' a spokesperson for the developers says.
"The building will be located behind the music venue and will be constructed in polished concrete and will be minimalist in style.
"One trademark aspect of the new hotel will be the planned rooftop restaurant and coffee shop. The rooms will be fairly compact, but at the same time the intention is to make them as comfortable and cosy as possible. As well as toilet and shower facilities and flat screen TVs, each room will have its own balcony. And free wi-fi access will be available throughout the building."
Room rates will start at 50 to encourage students and young oversees visitors on limited budgets. Ticket/bedroom packages will be available to patrons from outside Dublin who wish to see shows in Vicar St, the new Point arena and the Libeskind theatre at Hanover Quay which is currently under construction.
"This new building will make a welcome addition to the ongoing rejuvenation of the Liberties, " the spokesman says.
"We expect that local pubs and businesses will benefit from the increased visitor numbers attracted to the area by the hotel.
"There's already one million people a year passing through the area on their way to the Guinness hop store, which is one of the most successful tourist attractions in the world.
"Subject to the granting of planning permission, we would expect work on the project to begin sometime this spring."
Sunday Tribune
www.buckplanning.ie
Designed by Yvonne Farrell of Grafton Architects the new hotel will be 'modern and stylish' a spokesperson for the developers says.
"The building will be located behind the music venue and will be constructed in polished concrete and will be minimalist in style.
"One trademark aspect of the new hotel will be the planned rooftop restaurant and coffee shop. The rooms will be fairly compact, but at the same time the intention is to make them as comfortable and cosy as possible. As well as toilet and shower facilities and flat screen TVs, each room will have its own balcony. And free wi-fi access will be available throughout the building."
Room rates will start at 50 to encourage students and young oversees visitors on limited budgets. Ticket/bedroom packages will be available to patrons from outside Dublin who wish to see shows in Vicar St, the new Point arena and the Libeskind theatre at Hanover Quay which is currently under construction.
"This new building will make a welcome addition to the ongoing rejuvenation of the Liberties, " the spokesman says.
"We expect that local pubs and businesses will benefit from the increased visitor numbers attracted to the area by the hotel.
"There's already one million people a year passing through the area on their way to the Guinness hop store, which is one of the most successful tourist attractions in the world.
"Subject to the granting of planning permission, we would expect work on the project to begin sometime this spring."
Sunday Tribune
www.buckplanning.ie
Sunday, 4 November 2007
Newtown plans put on hold
A PLAN which would see a massive increase in the population of Newtownmountkennedy has been put on hold by Wicklow County Council. The council's planners have sought further information from the developers, Kineada Limited, who are seeking permission to construct 935 residential units in the town.
A PLAN which would see a massive increase in the population of Newtownmountkennedy has been put on hold by Wicklow County Council.
The council's planners have sought further information from the developers, Kineada Limited, who are seeking permission to construct 935 residential units in the town.
They now have six months to respond. The council was due to give its decision on Tuesday last.
Kineada hope to build the 935 houses and apartments which will have a total ground floor area of 96,919 square metres, in an area which stretches from Season Park to Monalin, Newtown.
The proposed development would see the demolition of all structures on the site south west of Season Park and the construct of 588 houses and 347 apartments in 27 blocks.
Wicklow People
www.buckplanning.ie
A PLAN which would see a massive increase in the population of Newtownmountkennedy has been put on hold by Wicklow County Council.
The council's planners have sought further information from the developers, Kineada Limited, who are seeking permission to construct 935 residential units in the town.
They now have six months to respond. The council was due to give its decision on Tuesday last.
Kineada hope to build the 935 houses and apartments which will have a total ground floor area of 96,919 square metres, in an area which stretches from Season Park to Monalin, Newtown.
The proposed development would see the demolition of all structures on the site south west of Season Park and the construct of 588 houses and 347 apartments in 27 blocks.
Wicklow People
www.buckplanning.ie
Monday, 10 September 2007
State eyes up €40m Ardmore Studios buyout
ARTS Minister Seamus Brennan is understood to be considering buying out Ireland's only film studio -- Ardmore Studios -- from U2 manager Paul McGuinness and Ossie Kilkenny.
In the last week, Brennan has instructed civil servants in his Department to examine "all options" concerning Ardmore. This includes the possibility of buying out the owners of the studio.
The 20-acre site in Bray, Co Wicklow, is thought to be worth over €40m.
The State already holds a 32 per cent stake in the studio through Enterprise Ireland, which took equity in the facility some years ago. McGuinness and accountant Kilkenny own the rest.
It is believed that a number of options will be considered for the studio. Officials have looked at the possibility of building a brand new "greenfield" studio or redeveloping and refurbishing the existing facilities in Bray.
It is thought that funding for a major investment to buy or refurbish the studio is available under the National Development Plan.
Ardmore lost money last year during a production downturn. It received State funding as a result.
However, a busier filming schedule, including bodice ripping historical mini-series The Tudors is thought to have boosted the studio's finances this year.
Brennan is set to meet with officials from the Irish Film Board over the coming days.
The new Arts Minister has committed his Department to reinvigorating the Irish film industry which suffered a slowdown since the peaks of the 1990s, when such blockbusters as Saving Private Ryan and Braveheart were filmed here.
Along with the Ardmore situation, Brennan also faces a decision of extending the Section 481 tax break.
Indecon economic consultants are expected to hand over a report on the tax relief to the Department shortly.
Industry players are hoping that the tax break will be improved to make Ireland more attractive as a centre of movie-making excellence to attract Hollywood studios and other major film producers.
Irish Independent
In the last week, Brennan has instructed civil servants in his Department to examine "all options" concerning Ardmore. This includes the possibility of buying out the owners of the studio.
The 20-acre site in Bray, Co Wicklow, is thought to be worth over €40m.
The State already holds a 32 per cent stake in the studio through Enterprise Ireland, which took equity in the facility some years ago. McGuinness and accountant Kilkenny own the rest.
It is believed that a number of options will be considered for the studio. Officials have looked at the possibility of building a brand new "greenfield" studio or redeveloping and refurbishing the existing facilities in Bray.
It is thought that funding for a major investment to buy or refurbish the studio is available under the National Development Plan.
Ardmore lost money last year during a production downturn. It received State funding as a result.
However, a busier filming schedule, including bodice ripping historical mini-series The Tudors is thought to have boosted the studio's finances this year.
Brennan is set to meet with officials from the Irish Film Board over the coming days.
The new Arts Minister has committed his Department to reinvigorating the Irish film industry which suffered a slowdown since the peaks of the 1990s, when such blockbusters as Saving Private Ryan and Braveheart were filmed here.
Along with the Ardmore situation, Brennan also faces a decision of extending the Section 481 tax break.
Indecon economic consultants are expected to hand over a report on the tax relief to the Department shortly.
Industry players are hoping that the tax break will be improved to make Ireland more attractive as a centre of movie-making excellence to attract Hollywood studios and other major film producers.
Irish Independent
Monday, 27 August 2007
New €500m masterplan unveiled for sugar plant
A MASSIVE €500m redevelopment of a former Irish Sugar plant which promises to create 1,000 new jobs has been included in a special council blueprint.
Greencore last night unveiled its ambitious MallowWest master plan for the biggest single-site mixed use development attempted in an Irish town.
It follows consultation with Cork county council.
In May 2006, Greencore ended almost 80 years of Irish sugar production with the decision to shutdown its Mallow plant in North Cork in the wake of sweeping Brussels changes to the EU sugar regime.
Mallow was Ireland's sole remaining sugar facility with sister plants at Tuam, Thurles and Carlow having shut down over the previous 20 years.
Almost 300 workers lost their jobs in Mallow. But Greencore insisted that MallowWest offers the potential to create up to 1,000 new jobs in various commercial, industrial and technology projects planned for the new development.
The MallowWest project has now been included by Cork county council in its Special Local Area Plan (SLAP) for the booming North Cork town.
Greencore designers will now develop the outline blueprint for the MallowWest regeneration project in consultation with council planners and, when completed, a formal planning application will follow.
Irish Independent
Greencore last night unveiled its ambitious MallowWest master plan for the biggest single-site mixed use development attempted in an Irish town.
It follows consultation with Cork county council.
In May 2006, Greencore ended almost 80 years of Irish sugar production with the decision to shutdown its Mallow plant in North Cork in the wake of sweeping Brussels changes to the EU sugar regime.
Mallow was Ireland's sole remaining sugar facility with sister plants at Tuam, Thurles and Carlow having shut down over the previous 20 years.
Almost 300 workers lost their jobs in Mallow. But Greencore insisted that MallowWest offers the potential to create up to 1,000 new jobs in various commercial, industrial and technology projects planned for the new development.
The MallowWest project has now been included by Cork county council in its Special Local Area Plan (SLAP) for the booming North Cork town.
Greencore designers will now develop the outline blueprint for the MallowWest regeneration project in consultation with council planners and, when completed, a formal planning application will follow.
Irish Independent
Sunday, 19 August 2007
Man promises Coillte not to trespass on mast site
A LANDOWNER has been freed from jail after promising not to trespass on or interfere with one of the most strategic communications sites in south-west Ireland.
Walter Evans, aged 52, of Carrigfadda, Skibbereen, Co Cork, is in a protracted dispute with the State forestry company, Coillte Teoranta, over ownership of land at the summit of Nowen Hill in west Cork.
On Monday, Judge Sean Ó Donnabháin sent him to Cork Prison for refusing to accept a Circuit Court order demanding he would not enter Coillte lands, interfere with locks and publicly dispute the title of the lands on the internet.
On Wednesday, Evans appeared before the court again and agreed to abide by the conditions imposed on him sought by Coillte.
Nowen Hill, at 1,763ft, is a strategic vantage point hosting communications masts for the region’s mobile phone, broadband and radio signals. Each of the sites generates revenue of about €30,000 a year.
Evans’s counsel Greg Casey said although Evans accepted the conditions he plans to take a separate case to decide the ownership of the land.
Judge Ó Donnabháin said Evans was within his rights to bring the boundary dispute to court but he could not trespass on the land until a ruling was made.
“Nobody is going to stop him [Evans] appealing the land ownership. But what we are here about is that Evans is taking the law into his own hands by cutting locks and breaking barriers,” said the judge.
Evans has leased the land from Coillte since 1988 and developed several transmitter sites which were rented out to communications companies.
In recent years he purchased the patch adjoining Coillte’s property from a relative so the masts could be transferred to his own land.
The border between this land and the Coillte property is in dispute.
Maps given to Evans in 1990 showed a boundary of the Coillte property to be different to a recent version drawn up by GPS satellite technology.
However, the judge did not allow arguments on the ownership of the land to be heard and said this had to be taken as separate legal proceedings.
Counsel for Coillte, Marjorie Farrelly, said the only issue before the court was that of contempt: “The matter that comes before the court refers not the issue of the boundary but to the breaking of barriers and the cutting of locks.”
However, Mr Casey said Evans still needed access to the land.
“In relation to the Coillte mast site there has been a significant problem with one of the masts belonging to Evans which was required to be taken down under one of the conditions of the planning permission for another mast,” he said.
The same road accesses both Coillte land and Evans’s land. However, because he is prevented from trespassing on Coillte property he cannot reach his tract or the mast he owns on the forestry company’s property. The latest proceedings were set off after a photograph at the site with Kathy Sinnott MEP appeared on the Indymedia website.
The article posted by Evans disputed the ownership of the land.
Coillte has collected comprehensive surveillance records of Evans’s movements on the site and Ms Farrelly said the cost of this had run into “hundreds of thousands of euro”.
Conor Ryan
Irish Examiner
Walter Evans, aged 52, of Carrigfadda, Skibbereen, Co Cork, is in a protracted dispute with the State forestry company, Coillte Teoranta, over ownership of land at the summit of Nowen Hill in west Cork.
On Monday, Judge Sean Ó Donnabháin sent him to Cork Prison for refusing to accept a Circuit Court order demanding he would not enter Coillte lands, interfere with locks and publicly dispute the title of the lands on the internet.
On Wednesday, Evans appeared before the court again and agreed to abide by the conditions imposed on him sought by Coillte.
Nowen Hill, at 1,763ft, is a strategic vantage point hosting communications masts for the region’s mobile phone, broadband and radio signals. Each of the sites generates revenue of about €30,000 a year.
Evans’s counsel Greg Casey said although Evans accepted the conditions he plans to take a separate case to decide the ownership of the land.
Judge Ó Donnabháin said Evans was within his rights to bring the boundary dispute to court but he could not trespass on the land until a ruling was made.
“Nobody is going to stop him [Evans] appealing the land ownership. But what we are here about is that Evans is taking the law into his own hands by cutting locks and breaking barriers,” said the judge.
Evans has leased the land from Coillte since 1988 and developed several transmitter sites which were rented out to communications companies.
In recent years he purchased the patch adjoining Coillte’s property from a relative so the masts could be transferred to his own land.
The border between this land and the Coillte property is in dispute.
Maps given to Evans in 1990 showed a boundary of the Coillte property to be different to a recent version drawn up by GPS satellite technology.
However, the judge did not allow arguments on the ownership of the land to be heard and said this had to be taken as separate legal proceedings.
Counsel for Coillte, Marjorie Farrelly, said the only issue before the court was that of contempt: “The matter that comes before the court refers not the issue of the boundary but to the breaking of barriers and the cutting of locks.”
However, Mr Casey said Evans still needed access to the land.
“In relation to the Coillte mast site there has been a significant problem with one of the masts belonging to Evans which was required to be taken down under one of the conditions of the planning permission for another mast,” he said.
The same road accesses both Coillte land and Evans’s land. However, because he is prevented from trespassing on Coillte property he cannot reach his tract or the mast he owns on the forestry company’s property. The latest proceedings were set off after a photograph at the site with Kathy Sinnott MEP appeared on the Indymedia website.
The article posted by Evans disputed the ownership of the land.
Coillte has collected comprehensive surveillance records of Evans’s movements on the site and Ms Farrelly said the cost of this had run into “hundreds of thousands of euro”.
Conor Ryan
Irish Examiner
Thursday, 26 July 2007
Go-ahead for €33m events centre — but losing bidders criticise plan
CORK has beaten Limerick in the race to provide a multi-million euro events centre for Munster.
The Department of Sport confirmed yesterday that it is considering building such a facility in Limerick in an effort to boost tourism in the mid-west region.
If sanctioned, the new conference centre will be located near Shannon Airport.
But Cork has beaten them to the punch. On Monday, city councillors selected a Howard Holdings plan to build a €33 million events centre in the city’s docklands.
They also rubber-stamped an €8.25m grant to help secure the facility.
Despite a broad welcome from the city’s business and tourism interests, the plan was slated yesterday by one of the companies which lost out on the bid.
Medaza — a firm headed by Robert Daly and Aidan Foley — claimed the venue will be too small and will not be able to attract large conferences or “A-list music stars”.
Frustrated by years of delays, Cork’s city manager, Joe Gavin, offered a grant, up to a maximum of €12m, last April to encourage submissions from the private sector to secure the development of an events/conference centre for the city.
Four proposals were submitted, from Howard Holdings, Medaza, the Hyde Partnership and Ascon.
They were examined by three senior city officials — Kevin Terry, the head of the planning department, Tim Healy, the head of the finance department, and Jim O’Donovan, the director of community and enterprise.
They recommended to Mr Gavin that he recommend to councillors that the city endorse Howard Holdings’ plans for the project. After an hour and a half of talks behind closed doors, councillors finally endorsed the project.
But Medaza criticised all aspects of the winning proposal.
“The conference centre can accommodate 2,000 — this therefore excludes forever Cork’s ability to hold major conferences for the pharmaceutical or medical industries — of up to 5,000 people,” the spokesman said.
“Neither event centre or conference centre could accommodate an Árd Fheis of any of the main political parties or a national conference for any of the main trade unions.”
He said sporting bodies told Medaza that with a facility as large as they were proposing — 6,500–8,000 seats — they could deliver European and world championships in various codes to Cork.
“This will now not be possible with the Howard Holdings proposal,” he said.
The proposed 200-bed hotel will also be too small, he said.
But a spokesman for Howard Holdings defended their proposal.
“The design meets all the specifications that were set out by the city,” he said.
“Howard Holdings employed HOK International — leading designers of events and conference centres across Europe — to design this facility.
“And Live Nation who run The Point also had an input.
“Key to its success will be its flexibility. It can host large events as well as smaller events.”
Howard Holdings are ready to lodge a planning application within weeks and plan to have the venue open by September 2009.
Irish Examiner
The Department of Sport confirmed yesterday that it is considering building such a facility in Limerick in an effort to boost tourism in the mid-west region.
If sanctioned, the new conference centre will be located near Shannon Airport.
But Cork has beaten them to the punch. On Monday, city councillors selected a Howard Holdings plan to build a €33 million events centre in the city’s docklands.
They also rubber-stamped an €8.25m grant to help secure the facility.
Despite a broad welcome from the city’s business and tourism interests, the plan was slated yesterday by one of the companies which lost out on the bid.
Medaza — a firm headed by Robert Daly and Aidan Foley — claimed the venue will be too small and will not be able to attract large conferences or “A-list music stars”.
Frustrated by years of delays, Cork’s city manager, Joe Gavin, offered a grant, up to a maximum of €12m, last April to encourage submissions from the private sector to secure the development of an events/conference centre for the city.
Four proposals were submitted, from Howard Holdings, Medaza, the Hyde Partnership and Ascon.
They were examined by three senior city officials — Kevin Terry, the head of the planning department, Tim Healy, the head of the finance department, and Jim O’Donovan, the director of community and enterprise.
They recommended to Mr Gavin that he recommend to councillors that the city endorse Howard Holdings’ plans for the project. After an hour and a half of talks behind closed doors, councillors finally endorsed the project.
But Medaza criticised all aspects of the winning proposal.
“The conference centre can accommodate 2,000 — this therefore excludes forever Cork’s ability to hold major conferences for the pharmaceutical or medical industries — of up to 5,000 people,” the spokesman said.
“Neither event centre or conference centre could accommodate an Árd Fheis of any of the main political parties or a national conference for any of the main trade unions.”
He said sporting bodies told Medaza that with a facility as large as they were proposing — 6,500–8,000 seats — they could deliver European and world championships in various codes to Cork.
“This will now not be possible with the Howard Holdings proposal,” he said.
The proposed 200-bed hotel will also be too small, he said.
But a spokesman for Howard Holdings defended their proposal.
“The design meets all the specifications that were set out by the city,” he said.
“Howard Holdings employed HOK International — leading designers of events and conference centres across Europe — to design this facility.
“And Live Nation who run The Point also had an input.
“Key to its success will be its flexibility. It can host large events as well as smaller events.”
Howard Holdings are ready to lodge a planning application within weeks and plan to have the venue open by September 2009.
Irish Examiner
Saturday, 21 July 2007
Owners have no right of way to their €1m homes
THIRTY-seven homeowners in an upmarket housing estate where properties sell for more than €1m have no legal title to the driveways into their posh homes.
A judge yesterday heard the residents will encounter considerable difficulty selling their homes because they don't have a legally binding right-of-way to the estate.
The shocking absence of legal title to the access roads to Elton Court in Dublin's Sandycove came to light when Ronbow Management Company Limited, the management company that runs the estate with and for the residents, tried to block a local vegetable sales man parking his delivery van in sight of their plush properties.
Niall Beirne, counsel for Tommy Byrne who used to grow his veggies on the plots where the multi-million-euro Elton Court now stands, said the residents claimed the delivery van lowered the tone of the area.
He said that after retiring Tommy had been forced through pressure from the residents to get rid of the offending van and buy a car for himself and his wife Philomena, both of whom have lived for 35 years at 4 Breffni Terrace, Sandycove, alongside the relatively new Elton Court development.
Tommy and Philomena took an action in the Circuit Civil Court seeking a declaration that they were entitled to park their car in Breffni Lane, close to their mews home along which they had access and parking long before Elton Court had been developed.
Mr Beirne said Sorahan's, the developers, had granted them a licenced spot to park their delivery van or car in Elton Court where the residents now leave their bins but his clients, who were elderly, had been unable to continuously walk the 185 metres to and from this parking spot.
They maintained they were entitled to park their car beside their home which was disputed by Ronbow Management Company Limited. Mrs Byrne told the court that residents had visited her home when her husband Tommy had been upstairs ill and had threatened to stay put until the vehicle was moved.
Suzanne Boylan, counsel for the company and the residents, told the court the defendants were unable to consent to the Byrne's obtaining an easement to park because of the difficulty with legal title to rights of way on access roads to the estate.
She said the lack of legal title was causing the residents serious problems and they would have difficulty selling their homes without full right of way title.
Judge Justice Esmond Smyth said the residents had no alternative but to take the steps they had done because they could not be seen to consent to this matter without the court's intervention.
Ray Managh
Irish Independent
A judge yesterday heard the residents will encounter considerable difficulty selling their homes because they don't have a legally binding right-of-way to the estate.
The shocking absence of legal title to the access roads to Elton Court in Dublin's Sandycove came to light when Ronbow Management Company Limited, the management company that runs the estate with and for the residents, tried to block a local vegetable sales man parking his delivery van in sight of their plush properties.
Niall Beirne, counsel for Tommy Byrne who used to grow his veggies on the plots where the multi-million-euro Elton Court now stands, said the residents claimed the delivery van lowered the tone of the area.
He said that after retiring Tommy had been forced through pressure from the residents to get rid of the offending van and buy a car for himself and his wife Philomena, both of whom have lived for 35 years at 4 Breffni Terrace, Sandycove, alongside the relatively new Elton Court development.
Tommy and Philomena took an action in the Circuit Civil Court seeking a declaration that they were entitled to park their car in Breffni Lane, close to their mews home along which they had access and parking long before Elton Court had been developed.
Mr Beirne said Sorahan's, the developers, had granted them a licenced spot to park their delivery van or car in Elton Court where the residents now leave their bins but his clients, who were elderly, had been unable to continuously walk the 185 metres to and from this parking spot.
They maintained they were entitled to park their car beside their home which was disputed by Ronbow Management Company Limited. Mrs Byrne told the court that residents had visited her home when her husband Tommy had been upstairs ill and had threatened to stay put until the vehicle was moved.
Suzanne Boylan, counsel for the company and the residents, told the court the defendants were unable to consent to the Byrne's obtaining an easement to park because of the difficulty with legal title to rights of way on access roads to the estate.
She said the lack of legal title was causing the residents serious problems and they would have difficulty selling their homes without full right of way title.
Judge Justice Esmond Smyth said the residents had no alternative but to take the steps they had done because they could not be seen to consent to this matter without the court's intervention.
Ray Managh
Irish Independent
Owners have no right of way to their €1m homes
THIRTY-seven homeowners in an upmarket housing estate where properties sell for more than €1m have no legal title to the driveways into their posh homes.
A judge yesterday heard the residents will encounter considerable difficulty selling their homes because they don't have a legally binding right-of-way to the estate.
The shocking absence of legal title to the access roads to Elton Court in Dublin's Sandycove came to light when Ronbow Management Company Limited, the management company that runs the estate with and for the residents, tried to block a local vegetable sales man parking his delivery van in sight of their plush properties.
Niall Beirne, counsel for Tommy Byrne who used to grow his veggies on the plots where the multi-million-euro Elton Court now stands, said the residents claimed the delivery van lowered the tone of the area.
He said that after retiring Tommy had been forced through pressure from the residents to get rid of the offending van and buy a car for himself and his wife Philomena, both of whom have lived for 35 years at 4 Breffni Terrace, Sandycove, alongside the relatively new Elton Court development.
Tommy and Philomena took an action in the Circuit Civil Court seeking a declaration that they were entitled to park their car in Breffni Lane, close to their mews home along which they had access and parking long before Elton Court had been developed.
Mr Beirne said Sorahan's, the developers, had granted them a licenced spot to park their delivery van or car in Elton Court where the residents now leave their bins but his clients, who were elderly, had been unable to continuously walk the 185 metres to and from this parking spot.
They maintained they were entitled to park their car beside their home which was disputed by Ronbow Management Company Limited. Mrs Byrne told the court that residents had visited her home when her husband Tommy had been upstairs ill and had threatened to stay put until the vehicle was moved.
Suzanne Boylan, counsel for the company and the residents, told the court the defendants were unable to consent to the Byrne's obtaining an easement to park because of the difficulty with legal title to rights of way on access roads to the estate.
She said the lack of legal title was causing the residents serious problems and they would have difficulty selling their homes without full right of way title.
Judge Justice Esmond Smyth said the residents had no alternative but to take the steps they had done because they could not be seen to consent to this matter without the court's intervention.
Ray Managh
Irish Independent
A judge yesterday heard the residents will encounter considerable difficulty selling their homes because they don't have a legally binding right-of-way to the estate.
The shocking absence of legal title to the access roads to Elton Court in Dublin's Sandycove came to light when Ronbow Management Company Limited, the management company that runs the estate with and for the residents, tried to block a local vegetable sales man parking his delivery van in sight of their plush properties.
Niall Beirne, counsel for Tommy Byrne who used to grow his veggies on the plots where the multi-million-euro Elton Court now stands, said the residents claimed the delivery van lowered the tone of the area.
He said that after retiring Tommy had been forced through pressure from the residents to get rid of the offending van and buy a car for himself and his wife Philomena, both of whom have lived for 35 years at 4 Breffni Terrace, Sandycove, alongside the relatively new Elton Court development.
Tommy and Philomena took an action in the Circuit Civil Court seeking a declaration that they were entitled to park their car in Breffni Lane, close to their mews home along which they had access and parking long before Elton Court had been developed.
Mr Beirne said Sorahan's, the developers, had granted them a licenced spot to park their delivery van or car in Elton Court where the residents now leave their bins but his clients, who were elderly, had been unable to continuously walk the 185 metres to and from this parking spot.
They maintained they were entitled to park their car beside their home which was disputed by Ronbow Management Company Limited. Mrs Byrne told the court that residents had visited her home when her husband Tommy had been upstairs ill and had threatened to stay put until the vehicle was moved.
Suzanne Boylan, counsel for the company and the residents, told the court the defendants were unable to consent to the Byrne's obtaining an easement to park because of the difficulty with legal title to rights of way on access roads to the estate.
She said the lack of legal title was causing the residents serious problems and they would have difficulty selling their homes without full right of way title.
Judge Justice Esmond Smyth said the residents had no alternative but to take the steps they had done because they could not be seen to consent to this matter without the court's intervention.
Ray Managh
Irish Independent
Sunday, 15 July 2007
Shell protesters stage 'chain in' and block builders from gas site
ANGRY protesters chained themselves to a van and blocked a road yesterday to prevent builders from working on the controversial Corrib gas terminal.
The blockade by Shell to Sea campaigners halted access to the proposed gas refinery site through Bellanaboy Road, Co Mayo, for more than five hours.
A two-prong protest was held both at Bellanaboy and outside the Justice Department in Dublin as tensions escalated following the sentencing of three Co Mayo fishermen for the assault of a garda during a stand-off.
Destructive
It is vital for the preservation of Erris and the protection of its people that all work on the "destructive and exploitative project" be stopped immediately, protester John Monaghan said.
Mary Corduff, whose husband Willie Corduff was one of five men jailed for 94 days in 2005 for their opposition to the onshore gas pipeline, said there was a lot of local support for the three convicted men.Opponents of the pipeline route claimed they were acting to ensure the terminal would not go ahead in its current form. They have pledged to continue with their objections.
The site of the planned €200m gas terminal has been the centre of long-running objections and protests by locals and environmental activists.
At the Justice Department, members of the Shell to Sea campaign group handed over a letter for Justice Minister Brian Lenihan, asking that gardai stationed at Bellanaboy police the protests and refinery work in an even-handed manner.
In Mayo, two Shell to Sea supporters, Terence Conway and Bob Kavanagh, lay down on the road outside the terminal, chaining themselves to each other and attaching themselves to a van.
The pair had blocked the road between 9.30am until just after 3pm, when fire brigade workers cut their chains amid cheers from protest supporters.
The men were immediately arrested and taken to Belmullet Garda Station.
Meanwhile, another road in Knocknalower, Co Mayo, was blocked for several hours to Shell traffic. However, other vehicles were allowed pass through.
Prison
The campaigners have stepped-up their protests after three Mayo men were found guilty in Belmullet District Court on Wednesday of assaulting a garda sergeant. They were fined €500 each and sentenced to three months in prison.
At Swinford District Court yesterday, the men, Patrick O'Donnell (49) and his son Jonathan (21), of Porturlin Shore, Ballina, Co Mayo and Enda Carey (21), Porturlin, Ballina, were released on bail. They are appealing against their convictions.
Campaigners opposed to the onshore pipeline are holding further protests at 2pm today in O'Connell Street, Dublin. Last month, Shell outlined eight alternative routes for the Corrib Gas pipeline. The move was made in an attempt to break the deadlock in the ongoing dispute over the onshore route.
Tom Shiel and Louise Hogan
Irish Independent
The blockade by Shell to Sea campaigners halted access to the proposed gas refinery site through Bellanaboy Road, Co Mayo, for more than five hours.
A two-prong protest was held both at Bellanaboy and outside the Justice Department in Dublin as tensions escalated following the sentencing of three Co Mayo fishermen for the assault of a garda during a stand-off.
Destructive
It is vital for the preservation of Erris and the protection of its people that all work on the "destructive and exploitative project" be stopped immediately, protester John Monaghan said.
Mary Corduff, whose husband Willie Corduff was one of five men jailed for 94 days in 2005 for their opposition to the onshore gas pipeline, said there was a lot of local support for the three convicted men.Opponents of the pipeline route claimed they were acting to ensure the terminal would not go ahead in its current form. They have pledged to continue with their objections.
The site of the planned €200m gas terminal has been the centre of long-running objections and protests by locals and environmental activists.
At the Justice Department, members of the Shell to Sea campaign group handed over a letter for Justice Minister Brian Lenihan, asking that gardai stationed at Bellanaboy police the protests and refinery work in an even-handed manner.
In Mayo, two Shell to Sea supporters, Terence Conway and Bob Kavanagh, lay down on the road outside the terminal, chaining themselves to each other and attaching themselves to a van.
The pair had blocked the road between 9.30am until just after 3pm, when fire brigade workers cut their chains amid cheers from protest supporters.
The men were immediately arrested and taken to Belmullet Garda Station.
Meanwhile, another road in Knocknalower, Co Mayo, was blocked for several hours to Shell traffic. However, other vehicles were allowed pass through.
Prison
The campaigners have stepped-up their protests after three Mayo men were found guilty in Belmullet District Court on Wednesday of assaulting a garda sergeant. They were fined €500 each and sentenced to three months in prison.
At Swinford District Court yesterday, the men, Patrick O'Donnell (49) and his son Jonathan (21), of Porturlin Shore, Ballina, Co Mayo and Enda Carey (21), Porturlin, Ballina, were released on bail. They are appealing against their convictions.
Campaigners opposed to the onshore pipeline are holding further protests at 2pm today in O'Connell Street, Dublin. Last month, Shell outlined eight alternative routes for the Corrib Gas pipeline. The move was made in an attempt to break the deadlock in the ongoing dispute over the onshore route.
Tom Shiel and Louise Hogan
Irish Independent
Thornton Hall case set for end of July
A full hearing of a local man's High Court bid to halt the development of the proposed new prison at Thornton Hall in north Co Dublin will take place later this month.
Michael Kavanagh, who has lived in Kilssallaghan, Co Dublin, all his life, is also seeking an injunction to prevent the awarding of a tender for the construction of the €29 million facility.
Mr Kavanagh, a grandfather and retired Aer Lingus worker, told an earlier hearing of the court that he had lived beside the proposed site for more than 60 years. He said he first heard of the Government decision to build the prison on the radio and was "truly astounded and shocked" because there had been no prior consultation with the local community.
The proposed new prison will mean that some 2,500 people, including prisoners and workers, will be located in a purely agricultural area of Dublin, he said.
When the matter was before Mr Justice Thomas Smyth yesterday to deal with issues of discovery of documents, the judge fixed July 24th as the date for a full hearing of the case.
Martin Giblin SC, for Mr Kavanagh, strongly resisted the decision to have the full hearing on that date on grounds that his side were not ready.
Mr Justice Smyth responded that he had been asked to deal with the matter urgently and urgency had been given to it.
Mr Giblin continued to protest at the decision and said he understood that no application for an early date had been made.
The judge said an application was made for an early trial. All he could do was what the justice system required - deliver justice as soon and as expeditiously as he could for the litigants that come before the court. Mr Giblin said he feared there was a grave risk that justice would not be done. The judge said Mr Giblin could take whatever course he wished.
© 2007 The Irish Times
Michael Kavanagh, who has lived in Kilssallaghan, Co Dublin, all his life, is also seeking an injunction to prevent the awarding of a tender for the construction of the €29 million facility.
Mr Kavanagh, a grandfather and retired Aer Lingus worker, told an earlier hearing of the court that he had lived beside the proposed site for more than 60 years. He said he first heard of the Government decision to build the prison on the radio and was "truly astounded and shocked" because there had been no prior consultation with the local community.
The proposed new prison will mean that some 2,500 people, including prisoners and workers, will be located in a purely agricultural area of Dublin, he said.
When the matter was before Mr Justice Thomas Smyth yesterday to deal with issues of discovery of documents, the judge fixed July 24th as the date for a full hearing of the case.
Martin Giblin SC, for Mr Kavanagh, strongly resisted the decision to have the full hearing on that date on grounds that his side were not ready.
Mr Justice Smyth responded that he had been asked to deal with the matter urgently and urgency had been given to it.
Mr Giblin continued to protest at the decision and said he understood that no application for an early date had been made.
The judge said an application was made for an early trial. All he could do was what the justice system required - deliver justice as soon and as expeditiously as he could for the litigants that come before the court. Mr Giblin said he feared there was a grave risk that justice would not be done. The judge said Mr Giblin could take whatever course he wished.
© 2007 The Irish Times
Wednesday, 13 June 2007
Dublin gets its first IKEA - with conditions
An Bord Pleanála has given the green light to the Swedish furniture giant IKEA to build a superstore at Ballymun in Dublin.
In its decision, An Bord Pleanála said the new shop would not overload the M50 junction because of 30 conditions it is attaching to the planning permission.
IKEA can begin the construction of the building, however it is not allowed to open for business until the M50 upgrade has been completed, according to conditions set by An Bord Pleanála.
Advertisement
The planning board stipulated that IKEA can not open before 11am. It also ruled out 'browse time' in which shoppers can inspect goods before tills open.
Under the conditions IKEA must ensure that there is a shuttle bus service to Ballymun.
Fingal County Council granted planning permission last October, but it was appealed to An Bord Pleanála by seven parties, including the National Roads Authority (NRA).
The NRA said it had serious concerns as the shop could cause substantial queuing on the M50 and disrupt its upgrade plans.
The concerns over traffic flows were supported by Treasury Holdings, Tesco Ireland, Green Party TD Eamon Ryan and others.
IKEA has stores in 34 countries, however the Government's restrictions on floor space in Ireland prevented the company from locating here.
When these rules were changed, IKEA proposed building a 30,000sq m shop to house its flat-pack furniture in the Ballymun regeneration zone and create 500 jobs.
Meanwhile, the company is moving ahead with its plans for the construction of a 29,000sq m outlet on the outskirts of Belfast.
The superstore is set to open in December and will employ 400 people.
RTE
In its decision, An Bord Pleanála said the new shop would not overload the M50 junction because of 30 conditions it is attaching to the planning permission.
IKEA can begin the construction of the building, however it is not allowed to open for business until the M50 upgrade has been completed, according to conditions set by An Bord Pleanála.
Advertisement
The planning board stipulated that IKEA can not open before 11am. It also ruled out 'browse time' in which shoppers can inspect goods before tills open.
Under the conditions IKEA must ensure that there is a shuttle bus service to Ballymun.
Fingal County Council granted planning permission last October, but it was appealed to An Bord Pleanála by seven parties, including the National Roads Authority (NRA).
The NRA said it had serious concerns as the shop could cause substantial queuing on the M50 and disrupt its upgrade plans.
The concerns over traffic flows were supported by Treasury Holdings, Tesco Ireland, Green Party TD Eamon Ryan and others.
IKEA has stores in 34 countries, however the Government's restrictions on floor space in Ireland prevented the company from locating here.
When these rules were changed, IKEA proposed building a 30,000sq m shop to house its flat-pack furniture in the Ballymun regeneration zone and create 500 jobs.
Meanwhile, the company is moving ahead with its plans for the construction of a 29,000sq m outlet on the outskirts of Belfast.
The superstore is set to open in December and will employ 400 people.
RTE
Tuesday, 22 May 2007
Wildlife holds up work on bridge in Mountmelllick
BATS, snails, mussels, salmon and crayfish are hindering works planned for the Convent Bridge in Mountmellick.
Ciara Flynn, district consultant officer of the National Parks and Wildlife Services cautioned Mountmellick councillors to carry out an ecology study of the area before any work starts.
A committee in the town had drawn up plans to clean around the bridge and also intended to rock armour the base of the structure.
She said the River Owenass, which flows beneath the bridge, has an abundance of flora and fauna.
She mentioned such creatures as freshwater crayfish, salmon, lamprey, marsh snails, otters and pearl mussels living off the flora along the riverbank.
She also said Daubenton's bats, commonly known as water bats, have also been seen skimming the waters and may live in the crevices under the bridge.
She said the plans by the local group as they stand at present would not get approval to proceed.
Cllr Bobby Delaney was none to happy with the news. “There’s a lot of questions being asked why we can’t do the work. The way it is at the moment it’s just weeds, weeds, weeds. It looks appalling. We want to change the banks in that area. Ger Lynch (a member of the local committee) is our expert in the fishing area. We have plans drawn up. All we want to do is to clean up that area.”
Cathaoirleach of the council Cllr Marc Connolly said the bridge at Smithsfield had rock armour but Ms Flynn said that work was done without any consultation with her office. “The maintenance programme for the riverbank is not an issue. The issue is with rock armouring the banks,” she said.
Cllr Helen Hanson said the main concern of the committee was the appearance around the bridge. “Money is sitting there for the work and we’re anxious to carry out the improvement works. We’re only talking about a small section,” she said.
Ms Flynn asked: “Has the bridge ever been surveyed for bats?” Cllr Hanson said: “This thing is bigger than us.”
Cllr Delaney said: “People are coming to us asking us why can’t we do something about the bridge.” Ms Flynn said: “You could plant a few trees and carry out remedial work.”
Cllr Gormley said: “We never intended to meddle with the bridge. It’s very unsightly and embarrassing coming into town. I can’t see any problem lighting up the bridge.”
Ms Flynn said the lighting would need to be directed away from the bridge so as not to disturb the bats. She also cautioned: “If you don’t have vegetation on the river, bats wouldn’t get insects.”
Cllr Hanson proposed the committee should get together with Ms Flynn to discuss what can and can’t be done. “We haven’t moved one inch on this in two years. We should try to move this on.”
Joe Barrett
© Laois Nationalist
Ciara Flynn, district consultant officer of the National Parks and Wildlife Services cautioned Mountmellick councillors to carry out an ecology study of the area before any work starts.
A committee in the town had drawn up plans to clean around the bridge and also intended to rock armour the base of the structure.
She said the River Owenass, which flows beneath the bridge, has an abundance of flora and fauna.
She mentioned such creatures as freshwater crayfish, salmon, lamprey, marsh snails, otters and pearl mussels living off the flora along the riverbank.
She also said Daubenton's bats, commonly known as water bats, have also been seen skimming the waters and may live in the crevices under the bridge.
She said the plans by the local group as they stand at present would not get approval to proceed.
Cllr Bobby Delaney was none to happy with the news. “There’s a lot of questions being asked why we can’t do the work. The way it is at the moment it’s just weeds, weeds, weeds. It looks appalling. We want to change the banks in that area. Ger Lynch (a member of the local committee) is our expert in the fishing area. We have plans drawn up. All we want to do is to clean up that area.”
Cathaoirleach of the council Cllr Marc Connolly said the bridge at Smithsfield had rock armour but Ms Flynn said that work was done without any consultation with her office. “The maintenance programme for the riverbank is not an issue. The issue is with rock armouring the banks,” she said.
Cllr Helen Hanson said the main concern of the committee was the appearance around the bridge. “Money is sitting there for the work and we’re anxious to carry out the improvement works. We’re only talking about a small section,” she said.
Ms Flynn asked: “Has the bridge ever been surveyed for bats?” Cllr Hanson said: “This thing is bigger than us.”
Cllr Delaney said: “People are coming to us asking us why can’t we do something about the bridge.” Ms Flynn said: “You could plant a few trees and carry out remedial work.”
Cllr Gormley said: “We never intended to meddle with the bridge. It’s very unsightly and embarrassing coming into town. I can’t see any problem lighting up the bridge.”
Ms Flynn said the lighting would need to be directed away from the bridge so as not to disturb the bats. She also cautioned: “If you don’t have vegetation on the river, bats wouldn’t get insects.”
Cllr Hanson proposed the committee should get together with Ms Flynn to discuss what can and can’t be done. “We haven’t moved one inch on this in two years. We should try to move this on.”
Joe Barrett
© Laois Nationalist
Friday, 11 May 2007
FF councillor breached ethics in family land rezoning bid
11 May 2007
FF councillor breached ethics in family land rezoning bid
By Donal Hickey
A LEADING hotelier and Fianna Fáil councillor tried to win the support of fellow councillors for the rezoning of his family property, according to the Standards in Public Office Commission, which described the incident as a “serious matter”.
The commission concluded that Patrick O’Donoghue, managing director of the Gleneagle Hotel, Killarney, and a member of Killarney Town Council, breached sections of the ethics legislation arising from a proposal to rezone the 20-acre Gleneagle property.
A report of an investigation by the commission into Mr O’Donoghue’s conduct, published yesterday, is to be sent to the Director of Public Prosecutions (DPP).
Click here to find out more!
Mr O’Donoghue, also a director of Fáilte Ireland, has strongly denied trying to influence other councillors to vote for the rezoning.
Also investigated in relation to the rezoning was Mayor Sheila Casey, a Fine Gael member of Killarney Town Council, and an employee of the Gleneagle group.
However, the commission is not taking any further action against her, saying it was “not satisfied on the evidence before it that she had actual knowledge that she had, as an employee of the O’Donoghue family, a beneficial interest in the motion to rezone the lands”. The probe arose from a motion which came before Killarney Town Council to rezone the O’Donoghue’s property, which includes the Gleneagle and Brehon Hotels, the National Events Centre (INEC) and a riverside pitch and putt course to town centre status.
The motion was passed at a council meeting, while Mr O’Donoghue and Ms Casey were both present, on March 6, 2006. Ms Casey voted for the motion, but Mr O’Donoghue abstained.
The commission found Mr O’Donoghue was in breach of the code of conduct for councilors, under the Local Government Act, by seeking the support of councilors for the motion and trying to influence their decision on it.
“The commission is satisfied these contraventions were committed intentionally and were, in all the circumstances, a serious matter,” the report stated.
It also found Mr O’Donoghue disregarded the code of conduct by not disclosing his interest in the Gleneagle property and by failing to withdraw from the meeting when the motion was being discussed.
The investigation arose from complaints by Killarney Town Council manager Tom Curran, who is acting county manager for Kerry.
Irish Examiner
FF councillor breached ethics in family land rezoning bid
By Donal Hickey
A LEADING hotelier and Fianna Fáil councillor tried to win the support of fellow councillors for the rezoning of his family property, according to the Standards in Public Office Commission, which described the incident as a “serious matter”.
The commission concluded that Patrick O’Donoghue, managing director of the Gleneagle Hotel, Killarney, and a member of Killarney Town Council, breached sections of the ethics legislation arising from a proposal to rezone the 20-acre Gleneagle property.
A report of an investigation by the commission into Mr O’Donoghue’s conduct, published yesterday, is to be sent to the Director of Public Prosecutions (DPP).
Click here to find out more!
Mr O’Donoghue, also a director of Fáilte Ireland, has strongly denied trying to influence other councillors to vote for the rezoning.
Also investigated in relation to the rezoning was Mayor Sheila Casey, a Fine Gael member of Killarney Town Council, and an employee of the Gleneagle group.
However, the commission is not taking any further action against her, saying it was “not satisfied on the evidence before it that she had actual knowledge that she had, as an employee of the O’Donoghue family, a beneficial interest in the motion to rezone the lands”. The probe arose from a motion which came before Killarney Town Council to rezone the O’Donoghue’s property, which includes the Gleneagle and Brehon Hotels, the National Events Centre (INEC) and a riverside pitch and putt course to town centre status.
The motion was passed at a council meeting, while Mr O’Donoghue and Ms Casey were both present, on March 6, 2006. Ms Casey voted for the motion, but Mr O’Donoghue abstained.
The commission found Mr O’Donoghue was in breach of the code of conduct for councilors, under the Local Government Act, by seeking the support of councilors for the motion and trying to influence their decision on it.
“The commission is satisfied these contraventions were committed intentionally and were, in all the circumstances, a serious matter,” the report stated.
It also found Mr O’Donoghue disregarded the code of conduct by not disclosing his interest in the Gleneagle property and by failing to withdraw from the meeting when the motion was being discussed.
The investigation arose from complaints by Killarney Town Council manager Tom Curran, who is acting county manager for Kerry.
Irish Examiner
Monday, 7 May 2007
Property tycoon refused permission for town development
ONE of Ireland’s wealthiest property developers has been refused planning permission to revamp one of Kinsale’s most noted hostelries.
Dublin-based property tycoon Gerry Gannon, quoted in the Sunday Times rich list as being worth €231 million, planned to redevelop the famed Folkhouse.
He had sought to expand a nightclub and build 15 short-stay apartments on the site which borders Castledesmond Street, Upper O’Connell Street and Guardwell Street.
An Bord Pleanála decided to accept its inspector’s recommendation not to grant planning permission.
Planning had also been refused by Kinsale Town Council, a decision which Mr Gannon challenged.
Bord Pleanála said the proposed development would be out of scale with other buildings in Castledesmond Street and would seriously injure the visual aspect of the area.
It ruled the project would be contrary to proper planning and sustainable development in the area.
Meanwhile, a number of objections have been lodged with the planning appeals board against some large developments in the county.
Objections have been made against a 294-home development planned by Castlelands Construction for a site at Annabella, Mallow and others have been lodged against a 82-berth marina planned by Monkstown Bat Marina Company Ltd in Monkstown.
Meanwhile, Watergrasshill Community Association and Ard Cashel Residents’ Group have made an objection to Mulryan Builders Ltd’s proposals to build 42 houses in the village.
Two proposed projects for Union Hall, totalling 81 homes, have been lodged with Cork County Council’s planning department in recent days.
The largest, which consists of a mixed development of 51 homes at Listarkin, was lodged by developer Finbarr Gleeson.
In addition, Castle Combe Management wants to construct 30 two-storey terraced and detached houses in the same townland.
Developer Paul Hanlon has lodged an application with the county council for 27 two-bedroom apartments and 10 two-storey terraced houses at Pembroke, Passage West, while planning officials have refused Colm McGrath permission for 20 dormer houses at Dungourney.
Irish Examiner
Dublin-based property tycoon Gerry Gannon, quoted in the Sunday Times rich list as being worth €231 million, planned to redevelop the famed Folkhouse.
He had sought to expand a nightclub and build 15 short-stay apartments on the site which borders Castledesmond Street, Upper O’Connell Street and Guardwell Street.
An Bord Pleanála decided to accept its inspector’s recommendation not to grant planning permission.
Planning had also been refused by Kinsale Town Council, a decision which Mr Gannon challenged.
Bord Pleanála said the proposed development would be out of scale with other buildings in Castledesmond Street and would seriously injure the visual aspect of the area.
It ruled the project would be contrary to proper planning and sustainable development in the area.
Meanwhile, a number of objections have been lodged with the planning appeals board against some large developments in the county.
Objections have been made against a 294-home development planned by Castlelands Construction for a site at Annabella, Mallow and others have been lodged against a 82-berth marina planned by Monkstown Bat Marina Company Ltd in Monkstown.
Meanwhile, Watergrasshill Community Association and Ard Cashel Residents’ Group have made an objection to Mulryan Builders Ltd’s proposals to build 42 houses in the village.
Two proposed projects for Union Hall, totalling 81 homes, have been lodged with Cork County Council’s planning department in recent days.
The largest, which consists of a mixed development of 51 homes at Listarkin, was lodged by developer Finbarr Gleeson.
In addition, Castle Combe Management wants to construct 30 two-storey terraced and detached houses in the same townland.
Developer Paul Hanlon has lodged an application with the county council for 27 two-bedroom apartments and 10 two-storey terraced houses at Pembroke, Passage West, while planning officials have refused Colm McGrath permission for 20 dormer houses at Dungourney.
Irish Examiner
Tuesday, 24 April 2007
€100m jail to be built on Army land
A €100m-plus 'super-prison' to house 600 male and female inmates will be built on Army lands in Cork.
Justice Minister Michael McDowell revealed that the Cabinet has agreed in principle to the Kilworth location for the new jail over the long-favoured site on Spike Island. The Cork harbour island is expected to be developed as a multi-million euro tourism, leisure and heritage site.
Mr McDowell - who toured the Lynch Camp site in Kilworth last January - confirmed that he now expects work to begin shortly on the project. "The Cabinet has approved it in principle and we have had a survey of the land which has been adopted as suitable," he said.
The Kilworth 'super-prison' will eventually result in the shutdown of the ageing Cork Prison on Rathmore Rd and the transformation of Limerick Prison into a dedicated remand/short-term facility.
The proposed prison would be the largest new jail in the State.
"Cork Prison is overcrowded and conditions there, while it is a well-kept prison, are not up to modern standards and there is still slopping out taking place there," he added.
Mr McDowell said he had been impressed by the Kilworth site both in terms of the available land, access to the site and the local infrastructure.
Ralph Riegel
Irish Independent
Justice Minister Michael McDowell revealed that the Cabinet has agreed in principle to the Kilworth location for the new jail over the long-favoured site on Spike Island. The Cork harbour island is expected to be developed as a multi-million euro tourism, leisure and heritage site.
Mr McDowell - who toured the Lynch Camp site in Kilworth last January - confirmed that he now expects work to begin shortly on the project. "The Cabinet has approved it in principle and we have had a survey of the land which has been adopted as suitable," he said.
The Kilworth 'super-prison' will eventually result in the shutdown of the ageing Cork Prison on Rathmore Rd and the transformation of Limerick Prison into a dedicated remand/short-term facility.
The proposed prison would be the largest new jail in the State.
"Cork Prison is overcrowded and conditions there, while it is a well-kept prison, are not up to modern standards and there is still slopping out taking place there," he added.
Mr McDowell said he had been impressed by the Kilworth site both in terms of the available land, access to the site and the local infrastructure.
Ralph Riegel
Irish Independent
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