Council votes to extinguish Tuam right of way

By TONY GALVIN THE right of way at the centre of Tuam's Palace Road controversy is to be extinguished following a decision made by Galway Co Council at a meeting in County Hall on Monday. It has been agreed that the developer, Joe O'Toole, will carry out a number of safety recommendations on the new route through his site and as soon as these are completed the right of way between Bishop Street and the new inner-relief road will be extinguished. Under the deal O'Toole's will then allow the council to maintain a right of way through the property, under licence. What this effectively means is that O'Toole's will own the land but will lease it back to the Co Council for public use. This arrangement will remain in place until such time as the developer requires the land to construct the urban renewal project for which he has already obtained planning permission. Land-swap deal In a separate but related development, Galway Co Council voted to hand over the old route along which the Palace Road ran in accordance with the conditions of a land-swap deal reached when the developer provided his own land and €1.1 million towards the construction of the new inner-relief road. The vote for the extinguishment of the right of way was passed with 26 of the 30 councillors voting for it as recommended by the Tuam Town Manager Frank Gilmore. Three members abstained and Cllr Sean Canney did not take part in the vote becaue of a conflict of interest. It was proposed by Cllr Michael 'Mogie' Maher (Loughrea) and seconded by Cllr Tomas Mannion (Ballinasloe). Cllr Maher (FG) told the meeting that he officiated at the opening of Tuam's new inner-relief road during his term as Mayor in 2011. No objections He said there were no objections from anyone at the time. The road was built for the betterment of the people of Tuam and the council was charged with making decisions in relation to it. He added that if any third parties wanted to challenge its decision, that was their right, but they as elected representatives had a duty to fulfil and intended doing so. This is why he was proposing the motion that the council honour the agreements with the developer. Tomas Mannion (FF), who seconded the motion, said he understood feelings ran high on this issue but there were certain things that were unacceptable. Emails referring to the Gilmore family's tragedy in losing their two little girls on the N17 and attempting to somehow link this event with the Palace development went way beyond the pale of decency. He also condemned the level of character assassination and personal abuse engaged in by campaigners opposing the plan and suggested those involved should think again of their own situation. Several other councillors commented on the behaviour of some campaigners opposed to the changes, making reference to what they saw as the tactics of intimidation, vilification and character assassination employed. Many were particularly upset at receiving a solicitor's letter warning of consequences if they voted in favour of the proposals. Cunniffe abstained Tuam Area Cllr Shaun Cunniffe, who vehemently opposed the proposal and is part of a campaign group demanding a reversal of the process and the restoration, in some form, of the now demolished Palace Road, was one of the abstaining members. The vote came after councillors agreed to a brief adjournment to see if a compromise could be worked out. Cllr Pete Roche had proposed that the licensing aspect of the deal be dropped. This was unacceptable to council management who have argued all along that they had entered into a legally binding agreement with the developer. He had lived up to his end by providing land and funds for the new road so the Council had to meet its commitments. County Manager Martina Maloney informed the members that solicitor's letters sent by the group Cllr Cunniffe represents asserting that members would be acting in ultra veres (outside their authority), had no basis in law. The item was properly before them on the agenda and they were executing their democratic rights by voting on it. In a separate development solicitors representing the campaigners, who maintained a watching brief at Monday's meeting, presented documentation to the press showing that they have made an application to the High Court to have the issue reviewed. The County Manager told the meeting she had no formal knowledge of this matter. The High Court will assess whether there is a case in December. Brian Lynch, solr, on behalf of Cllr Cunniffe, Connie Goss, Steve Lane, Luke Flanagan, TD, Finian McGrath, TD, and Dan Trayers, made the application. It is not known if this matter will be progressed in light of the developments on Monday. It is understood that campaigners are deeply divided on what steps, if any, should now be taken. Liam Gavin, Senior Engineer with the Roads, Transportation, Marine and General Services Unit said he had taken note of issues raised at a number of meetings. Amendments to the plan had been drawn up taking into account these concerns and the recommendations of an independent safety auditor's report, which was completed in accordance with the requirements of the National Roads Authority (NRA) The main change in the new plan is an addition to the curvature of the road adjacent to the Gaelscoil. This is to be increased from 6m to 10m to accommodate the turning of larger vehicles. In addition, pedestrian crossings are to be raised to slow traffic; fencing is to be installed along the entire route to channel pedestrians along a safe passage; footpaths are to be widened to two metres; the pedestrian crossing on the inner-relief road is to be moved to the swimming pool-side of the road and the exit from O'Toole's on to the new road is to be altered to give a better line of vision for motorists. Opposing the extinguishment of the right of way, Cllr Cunniffe said he lived just a couple of hundred yards away from the road and this issue was of great concern to many people. He said there was still concern over the new route to the Palace Grounds, suggesting that two buses meeting at one bend could not pass, even if the radius was enlarged. He said it was a hazard for cyclists. Cllr Cunniffe said his group carried out a survey that indicated 80 per cent of children would take what he described as 'the natural' or more direct route through the car park and didn't follow the paths as laid out. 'If we as a council approve this change we are in fact giving planning permission to it and there will be no enforcement procedure,' he said, referring to an alleged planning contravention by the developer. Engineer Liam Gavin insisted the route would be safe for all users when the amendments were made, adding that cyclists shared all other roads in Tuam with motorists and this road would be no different. Director of Services Frank Gilmore said it was understood by An Bord Pleanála and the council that any future development on the site would incorporate an open plaza which would accommodate pedestrian traffic. Before the issue was debated Tuam Area Cllr Sean Canney made a statement explaining that he was withdrawing from the chamber as there might be a potential conflict of interest. He said he had proposed the extinguishment of the right of way at a meeting in Killimor in May 2001. Later that year he was engaged by the developer to carry out work on his behalf. Cllr Jimmy McClearn asked if he purchased a trolley full of groceries in O'Toole's could it be considered he had a conflict of interest? After 80 items of correspondence on this issue he too would have liked such a conflict of interest so as to absent himself. Sean Canney said he was an honourable politician and he didn't want to muddy the waters. Five Tuam Area Councillors, Tom McHugh, Mary Hoade, Tiernan Walsh Michael Connolly and Peter Roche voted in favour. Cllr Canney absented himself and Cllrs Cunniffe (Tuam), Pat Hynes (Loughrea) and Tomás Ó Curraoin (Connemara) abstained.