April 2017 1 3
A
FTER FIANNA Fáil TD and former min-
ister Pat The Cope Gallagher lobbied
for developer Anthony McCourt, in
2015 Donegal County Council
granted permission for a develop
-
ment it had refused 14 months previously,
despite its still being contrary to the County
Development Plan.
On the day that planning permission was
granted, 35 other permissions were also
granted. 34 were signed by Senior Planner,
Eunan Quinn. Anthony McCourts grant of per-
mission was signed by Liam Ward, Director of
Services.
The first application was submitted in August
2015 for permission for an extension to a dwell
-
ing at Drumnaraw, Creeslough.
Two months later, the Council refused. The
reasons were clear: “The subject site directly
adjoins the N56 National Route and there are no
buildings on the same side of the road and in the
immediate vicinity of the subject dwelling. It is a
policy of the County Development Plan 2012-
2018 (as varied) to “require that all new
development proposed adjacent to existing and
planned National Primary roads is set back 50m
from outside edge of running carriageway unless
existing buildings have formed an established
building line in which case the new buildings
may follow the established building line. On the
basis that the proposed front extension and the
proposed front porch will be located within 13m
and 17m respectively of the running carriageway
of the N56 National Route and there is no estab-
lished building line forward of the existing front
elevation of the subject dwelling at this location
it is considered that to permit the proposed
development would materially contravene the
abovementioned Policy.
Matters rested until the planning application
was resubmitted in the week before Christmas
2016.
Executive Planner John McFeely recommended
rejection again. He wrote: “The subject
application is a repeat application and as such
the material question is whether or not there has
been a material change in the proposed develop-
ment”. The report notes an email from Senior
Planner Eunan Quinn to Gallagher, in which
Quinn gave advice which he held would make the
development compliant.
However, McFeely wrote that even with the
proposed changes the development was still
contrary to the County Development Plan, and
that the amended plans were not, anyway, in
accordance with Quinn’s advice.
So he recommended refusal on grounds of
safeguarding the carrying capacity of National
Roads and other strategic routes, ensuring a set-
back of 50m from the outside edge of the running
carriageway of National Primary roads, of 25m on
a Regional Road and of 15m on a Country Road:
“Having regard to the fact there is a building set
-
back of only 13m from the nearside road edge
to permit the proposed development would be
contrary to the County Development Plan....
New plans were submitted, still breaching the
County Development Plan by not being suf-
ciently set back from the road. The following day,
permission was granted.
The notification of final grant imposed one
condition: “The external finish of the proposed
extension shall match that of the existing build
-
ing. It did not engage with any of the issues
raised by McFeely.
There are no allegations that there was any
form of corruption involved in the decision. How-
ever, it is the latest in a long series of
questionable planning decisions in the County.
Many, but by no means all, have been linked to
the influence of senior figures in Fianna Fáil.
Donegal came bottom of a league table of
local authorities drawn up by heritage body An
Taisce as part of a ‘Review of Ireland's Planning
System' in 2012.
Dumping in Ireland’s most
beautiful park
A complaint has been made to the Environmental
Protection Agency and Donegal County Council
about illegal dumping at Glenveagh National
Park. The park is home to the largest herd of red
deer in Ireland and the once extinct golden eagle
was reintroduced into the park in 2000. The Irish
Wildlife Trust (IWF) said that in early April build-
er’s rubble and what is believed to be asbestos
were found in two locations in the park. The IWF
said it is also concerned about illegal mechani
-
cal turf extraction in the park. “It is hard to
exaggerate the damage that is being done to pro-
tected habitats and one of Donegal’s most
important tourist attractions”, the IWF said,
adding that “serious questions need to be asked
of the National Parks and Wildlife Service and
park management.
The IWT revealed similar activities including
illegal dumping and turf-extraction inside the
national park three years ago.
Courtcase loons
Meanwhile senior counsel Rory Mulcahy has
concluded his interviews as part of the Depart-
ment of the Environment’s review of planning in
Donegal. The review was instigated after former
senior planner, Gerard Convie alleged dodgy
practice in the planning department extending
all the way up to former County Manager Michael
McLoone. Counsel for McLoone will be applying
shortly in the High Court in Dublin for a date for
hearing of his defamation case against Village
magazine editor, who repeated the allegations
in an article in 2015.
Donegal development
permitted after
political lobbying
by Anton McCabe
Good man,
Pat the Cope
New plans were submitted, still breaching the County
Development Plan by not being sufficiently set back from the
road. The following day, permission was granted.
Illegal dumping in Glenveagh National Park

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