By Gordon Deegan
An Bord Pleanála has refused planning permission to a Co. Clare farmer in a planning row between two Co. Clare farm households who have already been engaged in a right of way dispute dating back more than two decades.
This follows the appeals board refusing planning permission to Joseph Scales for the development of American barn horse stables at Calluragh West, Ennistymon, in north Clare due to potential pollution concerns for the nearby Ballymacraven River.
The project was stalled in December 2023 after neighbouring farmer, John Joseph Madigan, appealed to Clare County Council.
The appeal came more than two years after a circuit court judge pleaded with the Scales and Madigan households in a long-running right of way dispute not to bring “more hatred, bitterness or even tragedy on any of your families”.
At Ennis Circuit Court in October 2021, Judge Brian O’Callaghan said that court proceedings concerning the right of way at Calluragh, Ennistymon, Co. Clare “have been going in and out of this court for the past 20 years”.
Judge O’Callaghan stated: “It is quite clear to this court that, in 20 years, common sense has yet to visit the households of the Scales and Madigan families.”
In the case concerning Joseph Scales and John Joseph Madigan’s father, PJ, Judge O’Callaghan said: “I am inviting both sets of parties to take a step back, buy ‘a bottle of cop-on’ and to drink from it.”
The first court order concerning the initial proceedings involving Joseph Scales and PJ Madigan was made in June 2002 at Ennis Circuit Court.
Since then, a further 11 court orders were made, including one in 2003, two in 2006, one in 2007, one in 2008, two in 2009 and two in 2010.
Planning permission refusal
Now, in the separate planning row, the board has refused planning permission after stating that it is not satisfied that the development would not be prejudicial to public health or would not seriously injure the residential amenities of properties in the vicinity.
On the pollution fears, the board stated that it is of the opinion that – due to the proximity of the site to the Ballymacravan River, which is a tributary of the Inagh River and the Inagh Estuary special area of conservation (SAC) – the presence of potential hydrological pathways involving surface water/groundwater have not been adequately addressed so as to definitively preclude contamination of the watercourse.
Architect Michael Leahy, on behalf of John Joseph Madigan, told An Bord Pleanála that the proximity of the Joseph Scales proposal to the road with horses galloping on the exercise area “has the potential to frighten animals, mainly dairy cows, being driven along the road over and back twice daily”.
The appeal stated: “Cows, when frightened, can be dangerous to the drover and this may result in serious injury.”
The architect said that the Madigan’s home is directly across from the proposed horse stables and exercise area.
Michael Leahy added: “We believe that the proposal will interfere with Mr. Madigan’s ability to carry out his farm business, and no consideration has been given to the continued viability of his farm business in the assessment of this application.”
The architect added that “Mr. Madigan has invested heavily in his farm business and is concerned that the proposal will affect the financial viability of his farm”.