
November/December 2020 29
ership. The Council has removed a substantial
and appealing high stone wall [pictured above]
at the back of the house adjoining the right of
way from Flynn’s Field to Main St. A solicitor is
investigating this.
Though the town is gritty and its develop
-
ments dull, much of its politics is colourful and
in a letter dated 16 September 2020 Councillor
Guckian wrote to the Chief Executive, “As a Mu
-
nicipal Cllr, I know you got Part 8 approval for
Flynn’s Field. You did not include the Canon’s
Wall. You made no attempt to get normal plan
-
ning permission, employ an architect to advise
ye etc etc. Ye cannot take the law into your own
hands - just because ye are in a hurry. Please,
pass this notice to your legal dept. Will see ye in
court”.
In reply the Council Chief Executive said the
demolition was: “part of the Carrick on Shannon
Public Realm Improvement Scheme under the
Urban Regeneration and Development Fund. The
works are therefore exempted development”.
He noted there had been a permission from An
Bord Pleanála for the Scheme, which permitted
realigning the wall. But in fact the Part 8 applica
-
tion and permission do not refer to the wall; still
less to its protected status or the procedures re
-
quired to demolish part of a protected structure.
There seems to have been some sort of inspec
-
tion by an architect but no indication of compli-
ance with the legal requirements for protected
structures under the Planning Acts, no reference
of the matter to prescribed bodies like An Taisce,
and no reference to the demolition in the Coun
-
cil’s EIA Screening Report for the Part 8.
When asked about this in detailed questions,
the Chief Executive told Village through the
Council’s Media Liaison Ocer that “It is satis
-
fied that it is in compliance with all legal require-
ments and procedures in regard to the matters
raised and has no further comment’. It is ex
-
traordinary that the Council would describe the
demolition as “exempted development” rather
than development permitted by the Part 8. And
the Improvement Scheme and URDF have noth
-
ing to do with planning permission.
It seems the Council have illegally demolished
a protected wall: and no amount of wae or ob
-
fuscation can alter that.
They may plead that it was dangerous or that
it was outside the curtilage of the house and
therefore not covered by the protection but that
would be clutching at straws.
The Chief Executive advised Guckian: “As an
elected member of this Council, I think it only fair
to advise you, in my opinion, in the event that
legal proceedings are taken and the Council are
successful, it is likely that you could be held per
-
sonally accountable for the costs to the public
purse of your proceedings and for the cost of any
delays incurred (including significant Contractor
contractual delay costs) as a result of your ac
-
tions and threatened actions”.
For the moment the Chief Executive is merely
sourcing funds for the demolitions and Concept
Centre. If successful he will need to eect anoth
-
er compulsory order and then apply for planning
permission. This is likely to take several years.
The Chief Executive submitted an application
for funding for the Concept under the URDF in
May.
Councillor Guckian asked a question of Shay
O’Connor, Project Manager and Senior Engineer
for Leitrim County Council, at the 13 July Carrick
Municipal Meeting. Guckian is scandalised in
particular by the lack of consultation and the fact
that the business community such as the Cham
-
ber of Commerce were consulted ahead of the
decent house-owners aected. He has less to
say about the quality of the scheme. He believes
the “National Plan 2040 [sic] favours urban hi
-
erarchy…and will finish o rural Leitrim and the
West”. He has not considered what the ‘National
Plan’ or its oshoots like the URDF envision for
a town like Carrick. For good or bad it involves
curtailing cars in the interests of a particular type
of fashionable permeability.
Guckian, an energetic but unorthodox Coun
-
cillor who on one occasion used the ‘N’ word in
the Council chamber, proposed withdrawal of
the funding application. In calling for this, his
motion intemperately characterised Mr Power
as a “modern-day Lord Leitrim, the exterminat
-
ing landlord who callously took whatever he
wanted and used British law to give him a fig-
leaf”. He made utterly unsustainable allega
-
tions against Power: “This action by Mr Power
is a great example of CHICANERY (twisting the
law)”. He accused Power of being “secretive
and untruthful” though there is no evidence of
dishonesty. He said, without any evidence that
the Chief Executive was doing this for the “ben
-
efit of investors, speculators and other carpet-
baggers”. Councillors were horrified and refused
to support Guckian’s motion. He explains his
obscurantist thinking: “What annoys us all is
the dark methods used by Mr Power. He is guilty,
by sins of omission and commission, of not in
-
forming those who are to suer most from his
actions, but he did go and discuss it with many
other people in the town. Especially, he got let
-
ters of approval from 14 influential people. Sev-
eral of these have since stated that they thought
everyone was on board”. Guckian is seeking an
apology from Power.
In reply to Guckian’s motion a report by the
Director of Services said “in the first instance the
reference to a secretive and untruthful approach
by the executive in relation to this matter is cat
-
egorically refuted, and we take exception to it”.
The Council outlined how it sees its relation
-
ship with national funding: “The position is that
it is the remit of the executive to make funding
bids under the various funding streams as they
arise and to seek to secure as much funding
as possible for the county with the objective of
making Leitrim the best possible place to live,
work, invest and visit…The executive of this
Council would deal with over 100 applications
for funding in a year. The Council executive will
endeavour to brief pertinent aected parties
on project concepts that may ultimately involve
the acquisition of their home or business before
any external party discussions take place. Town
centres throughout Ireland are under immense
pressure from a retail perspective and are in de
-
cline and the position is the Carrick on Shannon
is no dierent these pressures include inter alia
pressure from out of town retail a the transition
to trading online”.
The Council added that if approved for fund
-
ing under the URDF, “full public consultation and
engagement will take place to shape and evolve
what is presently a concept into a full design
brief”. The Council would purchase, compulsori
-
ly or otherwise, the properties and apply to itself
for planning permission for the second phase
under the URDF.
Flynn’s Field: Crrick’s bcklnds
hd to tke one for the tem
The question is not just if this proposed
development is lawful and if Leitrim County
Council has observed all legal require
-
ments especially for demolition of a pro-
tected wall, but whether the second phase
of the developments is well-conceived.
What is the unique selling point of Carrick
and is it best served with a destination
centre on the sensitive site of three of the
town’s most characteristic historic houses,
or somewhere else nearby?
It is extraordinary that the Council would describe
the demolition as “exempted development” rather
than development permitted by the Part 8. And the
Improvement Scheme and URDF have to do with
planning permission. It seems the Council have
illegally demolished a protected wall’.