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CITY TRIBUNE

Councillor wins legal argument over parking fine

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A local councillor had a parking conviction overturned on appeal at Galway Circuit Court.

In December 2017, Cllr Pádraig Conneely was convicted of parking illegally by Galway District Court – a conviction that saw the court impose a €150 fine plus costs on the Fine Gael councillor.

In seeking permission to appeal, Cllr Conneely submitted to the court that the Chief Executive’s Order to take legal proceedings against him was invalid.

District Court Judge John King granted Cllr Conneely permission to appeal to the Circuit Court.

Cllr Conneely claimed that under the Local Government Act 2001 (Section 151), the Chief Executive Order should be precise and certain and clearly comply with the limits of the statutory power of the local authority on whose behalf the order is made.

Cllr Conneely submitted that the legislation states that when the Chief Executive is carrying out executive functions on behalf of the local authority, he or she must act by way of a signed order.  It was claimed that any orders by the Chief Executive must be signed before the authorisation of any executive functions.

As a result, Cllr Conneely argued that any orders that are made “post facto” are invalid and that it was not sufficient to retrospectively validate a decision to act.

One of the executive functions which must be carried by order of the Chief Executive is “a decision to take legal proceedings”.

It was stated that the decision to take legal proceedings against Cllr Conneely was taken on July 7, 2017, but it wasn’t until July 28, 2017 that the executive order to do so was signed.

For this reason, Cllr Conneely submitted to the court that the Chief Executive’s Order was invalid.

At an appeal hearing before Galway Circuit Court, legal counsel for Galway City Council, Blake and Kenny Solicitors, told presiding Circuit Court Judge Gerald Keys that Galway City Council were allowing the appeal by consent.

CITY TRIBUNE

Council rows back on ‘reduced delays’ projections for Kirwan junction

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From this week’s Galway City Tribune – Motorists have described it as ‘a disaster’ and a former mayor has said the project gave very poor value for money, but Galway City Council have this week asked the public to be patient with the revamped Kirwan junction, close to the Menlo Park Hotel.

Since the four-arm signalled junction opened early last week, motorists have complained of traffic queues stretching back to the Quincentenary Bridge and Corrib Park.

And now the Council has rowed back on its consultants’ claims that the junction would increase capacity by 15% and reduce waiting times by 25%.

Former mayor and local taxi driver, Cllr Frank Fahy, told the Galway City Tribune that given the negative impact of the junction on traffic, the €5 million spent on the project represented ‘very poor value’ as regards taxpayers’ money.

“I will admit that the junction is now safer for pedestrians in that they can hit a button to give them a safe crossing, but since it opened there have some very serious traffic tailbacks,” said Cllr Fahy.

However, City Council Acting Director of Services for Transport, Uinsinn Finn, told the Galway City Tribune that the new junction needed time to ‘bed in’ with a familiarisation process.

“The main objectives of this project were to make far safer for pedestrians and cyclists to negotiate, as well as making it safer for motorists too, without impacting [negatively] on the traffic flow,” said Mr Finn.

He added that since it opened – and over the coming few weeks – data on all aspects of how the junction was functioning would be compiled which could involve changes to light sequencing, lanes and peak traffic flows.

One motorist who contacted this newspaper said that the daily “nightmare” journey from the Barna Road to the Headford Road during the morning peak traffic time had added up to 40 minutes to his journey time.

“The two lanes are regularly gridlocked from the junction, back the N6, over the Quincentenary Bridge and back to Corrib Park.

“In the mornings, it’s now easier to go down Taylor’s Hill and into town, past Eyre Square and up Bohermore to get down to the Headford Road.

Councillors were told by consultants in 2017 and again in 2018 – when they voted to proceed with the changeover to a junction – that average delays would be reduced by 25% and junction capacity would increase by 15%.
This is a shortened preview version of this article. To read the rest of the story, see this week’s Galway City Tribune. You can buy a digital edition HERE.

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CITY TRIBUNE

Man hospitalised following Eyre Square assault

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Gardaí have appealed to the public for information into an assault in Eyre Square last weekend which led to a young man being hospitalised.

The victim of the assault – a man in his early 20s from the city area – suffered a cut to his knee and may have had a substance sprayed towards his eyes.

Following the incident – that occurred close to the Eyre Square taxi rank shortly after midnight on Saturday night last – the victim was taken by ambulance to University Hospital Galway.

It is understood that the victim was released later that morning and has made a full recovery. This week, Gardaí are poring over CCTV footage in an effort to try and identify the perpetrators of the assault.

The assailants are understood to have fled on foot after the incident towards St Patrick’s Avenue on the east side of Eyre Square.

A Garda spokesperson has appealed for anyone who was in the vicinity of the taxi rank on Eyre Square between 12 midnight and 12.30am on the Sunday morning (Saturday night) of July 25 last, and who may have witnessed the incident to contact them.

(Photo: the assailants fled on foot towards St Patrick’s Avenue off Eyre Square)
This is a shortened preview version of this article. To read the rest of the story, see this week’s Galway City Tribune. You can buy a digital edition HERE.

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CITY TRIBUNE

Council turns down controversial phone mast plan

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From this week’s Galway City Tribune –  Galway City Council has refused an application by Eircom to erect a 12-metre telecoms mast in a housing estate in Knocknacarra.

The local authority turned down the company’s application for planning permission to install the structure in the heart of Drom Óir over concerns that it would create a visual obstruction in a residential area – and would have a detrimental impact on property prices.

Eircom had also sought retention to keep a concrete foundation for the mast in situ after it was forced to abandon works earlier this year, amid protests from residents in Drom Óir and Leitir Burca. This was also rejected.

City planners issued the company with a warning letter in April to cease works after contractors on site drew the ire of nearby residents, who accused Eircom of seeking to install the mast ‘by stealth’.

A total of 26 letters of objection were submitted to the Council from residents of the two estate.
This is a shortened preview version of this article. To read the rest of the story, see this week’s Galway City Tribune. You can buy a digital edition HERE.

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