Clare TD Cathal Crowe ensnared in decades-long land dispute with neighbours 

One objector to the Crowe family's plan is a neighbour whose father had objected to plans by TD's parents 43 years ago

Cathal Crowe TD and Maeve Fehilly earlier this year lodged plans for a one-off house for their family at Heathmount, Cratloe, in south east Clare. File picture: Gareth Chaney/Collins

Plans by a Clare Fianna Fáil TD and his wife to build their dream family home have become ensnared in an intergenerational land dispute with neighbours that has lasted more than four decades.

Cathal Crowe and Maeve Fehilly earlier this year lodged plans for a one-off house for their family at Heathmount, Cratloe, in south east Clare.

Now, Matthew Broggy with an address of Derrymore Meelick has emerged as one of two objectors against the proposal.

His intervention comes 43 years after Mr Broggy’s father, Noel, objected to plans by Mr Crowe’s parents, Michael and Irene Crowe, to build their own dwelling home.

Noel Broggy opposed the Crowes' 1979 planning application over a disputed right of way concerning a strip of land adjacent to the Crowe home at Meelick in south east Clare.

Circuit Court and High Court orders

The row over the right of way has been the subject of Circuit Court and High Court orders with a High Court judge, Mr Justice Michael Hanna telling Noel Broggy in 2012 “to stop digging”.

Matthew Broggy was also named in court as featuring in the right of way dispute with the Crowes.

Now, in a comprehensive submission lodged with Clare County Council, the Broggy objection states that the proposed Crowe-Fehilly home is on an exceptionally high elevation.

Mr Broggy's submission

The submission drawn up on Matthew Broggy’s behalf by architect and planning consultant Michael Leahy argues that “to grant permission at so high an elevation would set a very unfortunate precedent for developments along other scenic routes in the county”.

Mr Leahy also contends that under the Clare County Development Plan provisions, applicants for such an area must be a local rural person and have a local rural housing need.

He says Matthew Broggy has told him that “the applicants already have a dwelling house and as such, they do not have a local rural housing need”.

Mr Leahy said that the rural settlement policy has been introduced to protect areas from random and uncoordinated development “and it should be implemented in this case”.

Further objector 

The other objector is listed as Audrey Healy with an address of Knockrahaderry, Liscannor on the north Clare coast, 70km from the proposed Crowe-Fehilly home.

In her submission, Audrey Healy states that to grant planning permission “would represent an incredibly dangerous precedent”.

Mr Crowe declined to comment ahead of Clare County Council making a decision on the application next week.