THE ROW over a disputed right of way at Doonbeg golf course has taken another twist with the High Court granting a judicial review of Clare County Council’s decision to extinguish the right of way.
Long-time opponent of plans to extinguish the right of way James McNulty has been being granted the review against councillors voting to extinguish the right of way across the Greg Norman-designed golf course.
At a council meeting last September, councillors voted 22 to three in favour of extinguishing the right of way. The move ended the public’s ability to walk across the fourth and 14th fairways at Doonbeg golf course.
The councillors’ decision provided for an alternative right of way to be located a short distance from the existing one.
The plan also involved the golf club constructing a car park that will be used predominantly by surfers.
In his claim Mr McNulty is seeking a court order quashing the council’s decision and a declaration that the council, in extinguishing the right of way, was acting beyond its powers.
Mr McNulty’s move is the latest twist in the current dispute dating back six years, which was sparked by the golf club building a six-foot wall across the right of way.
The golf club instituted its own High Court judicial review proceedings of a Bord Pleanála decision ruling that the golf club acted illegally in building the wall without planning permission.
The proceedings were struck out with no order last October following the councillors giving the go-ahead to the extinguishment.
Cllr PJ Kelly (FF), who opposed the extinguishing of the right of way, said yesterday: “It was inevitable that the decision to extinguish the right of way would be legally challenged because of the clumsy way in which the council handled the matter.”
Cllr Pat Keane (FF) was one of the 22 councillors who voted in favour of the proposal. He said yesterday: “It is disappointing that the decision has been challenged, but anyone is entitled to do so. I would hope that the case can be dealt with quickly.”
The council has yet to file its response to Mr McNulty. A spokesman for the council said it was not in a position to respond at this stage.
Irish Times
www.buckplanning.ie
Showing posts with label doonbeg golf resort. Show all posts
Showing posts with label doonbeg golf resort. Show all posts
Sunday, 17 January 2010
Tuesday, 5 January 2010
Council queries golf club coastal plan
CLARE COUNTY Council has told Doonbeg golf club that it has concerns that its scaled down €2 million coastal protection plan may lead to other parts of the coastline adjoining the site becoming noticeably eroded.
The concerns expressed by the council form part of a raft of new information sought by the planning authority in relation to the Doonbeg golf club proposal.
The club wants to put in place a protection plan to the most vulnerable sections of dune, which are steep sections fronting the sixth tee and 13th green area and the 14th and fifth green areas on the Greg Norman-designed course.
A previous 2003 proposal was turned down by An Bord Pleanála and the club has now told the council if it does nothing, it would result in the dune system further eroding and would be detrimental to the viability of the golf club.
The application states that “essential parts of Doonbeg golf course remain at high risk from severe coastal erosion during extreme storm events with a combined high waves and storm surge”.
Placing the plan on hold, the council states: “There are concerns that to permit this proposal may lead to a situation whereby other parts of the coastline adjoining here become noticeably eroded, and as such impact on the dynamics of the beach, leading to a possible future situation where further coastal protection works may need to be carried out.”
The council has invited the golf club to submit its proposals on this issue and to include any proposals it may have for further coastal management work.
The council is also asking the golf course why a revised layout of the golf course has not been explored as an alternative erosion management measure.
“Notwithstanding that the proposal is for the protection of the existing course, it is considered that it should be demonstrated that there are no other feasible options of a review of the golf course design.”
The council has also taken into account the submission by the Department of the Environment over the proposal.
The council said that the mid-Clare coast special protection area (SPA) is of special conservation interest for cormorant; barnacle goose; ringed plover; sanderling, purple sandpiper and turnstone and the wetlands and its waterbirds are also of special conservation interest.
The department stated: “The appropriate assessment screening does not take into consideration the potential effects of the development on the SPA and its conservation objectives.
“The proposed development, alone and in combination with other plans and projects, including the existing golf course development, has potential to have significant effects on the candidate special area of conservation (SAC) and SPA and on the conservation objectives of these two sites. As a result, an appropriate assessment of the implications for these Natura 2000 sites is required under the EU habitats directive.”
It points out that the environmental impact statement lodged with the application states the proposed development has the potential to affect the conservation objectives of the SAC.
Irish Times
www.buckplanning.ie
The concerns expressed by the council form part of a raft of new information sought by the planning authority in relation to the Doonbeg golf club proposal.
The club wants to put in place a protection plan to the most vulnerable sections of dune, which are steep sections fronting the sixth tee and 13th green area and the 14th and fifth green areas on the Greg Norman-designed course.
A previous 2003 proposal was turned down by An Bord Pleanála and the club has now told the council if it does nothing, it would result in the dune system further eroding and would be detrimental to the viability of the golf club.
The application states that “essential parts of Doonbeg golf course remain at high risk from severe coastal erosion during extreme storm events with a combined high waves and storm surge”.
Placing the plan on hold, the council states: “There are concerns that to permit this proposal may lead to a situation whereby other parts of the coastline adjoining here become noticeably eroded, and as such impact on the dynamics of the beach, leading to a possible future situation where further coastal protection works may need to be carried out.”
The council has invited the golf club to submit its proposals on this issue and to include any proposals it may have for further coastal management work.
The council is also asking the golf course why a revised layout of the golf course has not been explored as an alternative erosion management measure.
“Notwithstanding that the proposal is for the protection of the existing course, it is considered that it should be demonstrated that there are no other feasible options of a review of the golf course design.”
The council has also taken into account the submission by the Department of the Environment over the proposal.
The council said that the mid-Clare coast special protection area (SPA) is of special conservation interest for cormorant; barnacle goose; ringed plover; sanderling, purple sandpiper and turnstone and the wetlands and its waterbirds are also of special conservation interest.
The department stated: “The appropriate assessment screening does not take into consideration the potential effects of the development on the SPA and its conservation objectives.
“The proposed development, alone and in combination with other plans and projects, including the existing golf course development, has potential to have significant effects on the candidate special area of conservation (SAC) and SPA and on the conservation objectives of these two sites. As a result, an appropriate assessment of the implications for these Natura 2000 sites is required under the EU habitats directive.”
It points out that the environmental impact statement lodged with the application states the proposed development has the potential to affect the conservation objectives of the SAC.
Irish Times
www.buckplanning.ie
Monday, 29 September 2008
Oral hearing on Clare golf club plans
CLARE COUNTY Council has announced that it is to hold an oral hearing into contentious plans to extinguish a right of way across the 4th and 14th fairways at the €150 million Doonbeg golf resort.
The move by the council is the latest bid to resolve a long-running row over the disputed vehicular right of way that has involved two separate High Court actions.
However, the plan to extinguish the right of way is facing opposition from senior members of Clare County Council, including Clare's mayor, Cllr Madeleine Taylor Quinn (FG).
In one of 16 submissions on the proposal to eliminate the right of way, Cllr Taylor Quinn is proposing that a tunnel be built under the course to provide access to the beach.
Cllr Taylor Quinn is supported by leader of the council's Fianna Fáil group, Cllr PJ Kelly who said that a pre-cast tunnel under the fairway would be the best solution.
The move that sparked the current dispute was Doonbeg golf club erecting in 2004 a 2m high wall across the disputed right of way in 2004. One year later, An Bord Pleanála ruled that the golf club acted illegally in building the wall without planning permission.
As a result, the council issued Doonbeg golf club with a warning letter over the construction of the wall. However, a stay was put on the action following Doonbeg golf club applying for judicial review proceedings of An Bord Pleanála decision.
The compromise solution now put forward by the council involves the disputed right of way being extinguished and it being replaced with an alternative right of way close to the existing one.
The oral hearing is to take place in Doonbeg on October 1st and 2nd next at Doonbeg community hall.
A spokesman for Doonbeg golf club said yesterday that the club is pleased that the oral hearing is to be held.
The Irish Times
www.buckplanning.ie
The move by the council is the latest bid to resolve a long-running row over the disputed vehicular right of way that has involved two separate High Court actions.
However, the plan to extinguish the right of way is facing opposition from senior members of Clare County Council, including Clare's mayor, Cllr Madeleine Taylor Quinn (FG).
In one of 16 submissions on the proposal to eliminate the right of way, Cllr Taylor Quinn is proposing that a tunnel be built under the course to provide access to the beach.
Cllr Taylor Quinn is supported by leader of the council's Fianna Fáil group, Cllr PJ Kelly who said that a pre-cast tunnel under the fairway would be the best solution.
The move that sparked the current dispute was Doonbeg golf club erecting in 2004 a 2m high wall across the disputed right of way in 2004. One year later, An Bord Pleanála ruled that the golf club acted illegally in building the wall without planning permission.
As a result, the council issued Doonbeg golf club with a warning letter over the construction of the wall. However, a stay was put on the action following Doonbeg golf club applying for judicial review proceedings of An Bord Pleanála decision.
The compromise solution now put forward by the council involves the disputed right of way being extinguished and it being replaced with an alternative right of way close to the existing one.
The oral hearing is to take place in Doonbeg on October 1st and 2nd next at Doonbeg community hall.
A spokesman for Doonbeg golf club said yesterday that the club is pleased that the oral hearing is to be held.
The Irish Times
www.buckplanning.ie
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