Introduction

Mr X complained to the Ombudsman about the manner in which Clare County Council dealt with him and his objections to planning applications for development at a golf course (Doonbeg) and also about the manner in which a particular planning application to which he had objected, was processed by the Council. The examination of his complaints consisted of correspondence with the Council, an examination of its files and interviews with relevant Council officials. This Report on the examination, which was conducted under preliminary examination procedures, does not involve formal findings or recommendations. Its purpose is to set out in clear terms the evidence gathered during the examination, the Ombudsman's views and her tentative conclusions. The Report, and any apparent conclusion or finding (or any references in that regard), must therefore be read in that context. References to Regulations means the Planning and Development Regulations 2001, unless otherwise stated.

Arising from the manner in which the Council dealt with his objections to a planning application concerning Doonbeg Golf Course in April 2002, Mr X (the complainant) made various complaints about the Council's handling of two particular planning applications made in April 2002 concerning Doonbeg Golf Course. In the following chapters, eleven different aspects of the handling of one or other application is examined. Under each complaint the response of the Council is given followed by the views of the Ombudsman. In most instances the Ombudsman did not come to the conclusion that the complainant's case was justified but, in two instances, her view was that the Council had not followed proper procedure and that the failures involved probably resulted in the loss of an opportunity to exercise a statutory right of appeal for the complainant. For the adverse effect of such loss which could not otherwise be restored, the Ombudsman suggested to the Council that compensation be paid to the complainant, and the Council agreed.