Thursday, July 17, 2008

Diocese to sue over Doonbeg school sale

THE Killaloe Diocesan Trust has instituted legal proceedings against two builders over their alleged failure to complete the €554,000 purchase of Doonbeg National School from the diocese.

At Ennis Circuit Court this week proceedings taken by the Killaloe Diocesan Trust and Doonbeg priest, Fr Joe Haugh against developers Niall Cunningham and Brian McGooey over the pair’s alleged failure to complete the purchase of the school are to be heard.

According to a claim lodged with Ennis Circuit Court by the diocesan trust, Cunningham and McGooey entered into a contact with the trust and Fr Haugh to purchase Doonbeg National School for €554,000.

It states, “The closing date for the sale has passed.”

The claim states that the diocese has constructed another school in the village and have borrowed on the strength of receiving the funds out of the proposed sale of the Doonbeg National School site.

It continues, “They are now experiencing considerable hardship as a result of the failure of the defendants to honour their obligations under the sale."

Recently Cunningham and McCooey were granted planning permission to construct 75 homes in Doonbeg.

The two are seeking to take advantage of the need for tourist accommodation brought about by the €150 million Doonbeg golf resort.

However, as part of the conditions of planning, the council has stated that all the homes be used as the principal place of residence.

This has prompted the developers to appeal the condition to An Bord Pleanála, stating that the condition is “onerous and that at least a proportion of the dwellings should be made available for use as holiday homes”.

The developers argue that the condition is onerous “in view of the nature, scale and design of the proposed development and the nature of the existing tourism product of Doonbeg, which is currently characterised and restricted by a distinct shortfall in holiday home and tourism accommodation”.

The developers state that the imposition of the condition “is not in compliance with the proper planning and development of the area”.

The appeal states, “It is acknowledged that there are concerns regarding the provision of further holiday homes in Doonbeg potentially resulting in the village becoming seasonally quite."

“However, it is argued that owing to the quality of the proposed scheme, it is unlikely that these houses will be purchased by people who only wish to reside in the area for a small portion of the year, but in contrast these houses are suitable to cater for people who will reside in them on a more continuous basis, eg retirement homes. This means that there will be a high rate of occupancy in the development throughout the year with resulting benefit s for the economy of the settlement."

The appeal also cites a policy of the West Clare Local Area Plan, which states that visitor accommodation will be encouraged to locate within settlements, ie such as Doonbeg.

A decision is due on the appeal later this year.
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