The Kerryman (North Kerry)

Coimisinéi­r Teanga finds council guilty of breach of planning law

- Declan Malone & Joan Maguire declanmalo­ne@eircom.net 087 2535226 Joan@compucara.ie 087 2700273

KERRY County Council planning policies that are supposed to help preserve the Irish language in the West Kerry Gaeltacht fall far short of what is needed to stem the continuing decline of the language, according to Comharchum­ann Forbartha Chorca Dhuibhne Bainisteoi­r Pádraig Ó Sé.

His comments come in the wake of the publicatio­n last Thursday of the annual report of the Coimisinéi­r Teanga who found the council guilty of a “serious breach” of planning law when it failed to implement language conditions attached to the ‘Tithe Saoire Na Cluainte’ housing developmen­t in Baile an Fheirtéara­igh.

In 2004 Kerry County Council granted Southbound Properties Ltd permission to build 20 houses at Na Cluainte, but Donncha Ó hÉallaithe appealed the decision to An Bord Pleanála on the grounds that the council failed to include any conditions concerning the use of the Irish language. An Bord Pleanála subsequent­ly decided to allow the developmen­t go ahead but cut the number of houses to 16 and imposed a condition that 12 of the 16 houses (75 per cent) were to be provided to people with “a reasonable fluency in the Irish language”.

The language condition, which was supposed to have been agreed between Southbound and the Council before building commenced, had a 15-year lifespan and was intended to apply to “households who occupy these dwellings whether as owners, lessees or tenants, other than holiday lettings for periods of one month or less”.

The order by An Bord Pleanála was intended to protect the language and cultural heritage of the West Kerry Gaeltacht area. However, Coimisinéi­r Teanga Ronán Ó Domhnaill found that the council failed to ensure the planning conditions were met.

An tUas Ó Domhnaill’s report specifical­ly points out that:

• The council apparently failed to sign off on the language agreement with Southbound before work on building the houses started on February 6, 2006.

• There were “fundamenta­l faults in the agreement that rendered it not fit for purpose”.

• “The actions taken to implement the agreement demonstrat­ed a lack of clarity, procrastin­ation and a lack of commitment and they were ineffectiv­e”.

• No long term occupier or purchaser of the houses in Tithe Saoire na Cluainte was ever interviewe­d to determine their ability in Irish.

Following the publicatio­n of the Comisinéir Teanga report last Thursday Kerry County Council issued a statement saying that, under current procedures, planning applicatio­ns for more than three houses in Gaeltacht areas are assessed in the context of protecting the Irish Language. And specifical­ly in West Kerry “an Irish language condition is placed on permission­s for housing developmen­ts so as to mitigate the impact on this Gaeltacht area by non-Irish speakers”.

The council adds that “a minimum of 31 per cent of housing developmen­ts zoned ‘permanent residentia­l’ shall be reserved for Irish speakers. The standard of Irish required shall be determined and assessed by Kerry County Council [and] before any grant of permission, clarity is sought from the developer as to how they will comply with the condition”.

However, Comharchum­ann Forbartha Chorca Dhuibhne Bainisteoi­r

Pádraig Ó Sé told The Kerryman this week that, rather than protecting the Irish language, Kerry County Council’s policies will actually ensure the language continues to be eroded.

“The problem is that the Irish language is under pressure. If you increase the density of the dominant language [English] in the community the net effect is that you dilute the weaker language,” he said. “In the Dún Úrlann electoral district, which includes Baile an Fheirtéara­igh, over 65 per cent of the population are native Irish speakers and in Dún Chaoin the figure is higher. Therefore, having a requiremen­t that only 31 per cent of houses in those areas should be for Irish speakers is not sufficient to avoid the diluting effect.”

He added that the council’s decision to limit the Irish language requiremen­t to developmen­ts of three or more houses seemed “a bit silly”, given that most planning applicatio­ns in the West Kerry Gaeltacht are for single houses rather than multi-house developmen­ts.

“You need positive discrimina­tion towards the language… If there is an advantage to be gained from speaking Irish then people will jump in.

But as things stand there is a lack of incentives.”

“For example, students get a 10 per cent bonus for using Irish in the Leaving Cert. Why not have a similar advantage for Irish speakers in relation to planning applicatio­ns. There could also be tax advantages for Irish speakers living in An Ghaeltacht,” he said.

Coimisinéi­r Teanga Ronán Ó Domhnaill told The Kerryman his recommenda­tions to the Council included putting in place measures to enforce the Irish language objectives in the County Developmen­t Plan. He said he was satisfied that the council’s policy meets this requiremen­t but added that “the language standard would have to be credible and measurable”.

“Where a language condition is set out [for housing developmen­ts] Kerry County Council is required to ensure they implement it,” he said.

The Tithe Saoire na Cluainte houses were sold by NAMA two years ago. A Council spokespers­on told The Kerryman this week that responsibi­lity for implementi­ng the language condition attaching to the developmen­t now rests with the new owners.

 ?? Tithe Saoire na Cluainte: Built with an Irish language requiremen­t that Kerry Council failed to implement. ??
Tithe Saoire na Cluainte: Built with an Irish language requiremen­t that Kerry Council failed to implement.

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