A bid by a group of landowners to prevent Clare County Council gaining access to their land to determine if their properties are suitable for a proposed landfill site failed yesterday. Last month, the council served notice on residents in the three areas in the county shortlisted for the proposed landfill site that it intended to carry out site investigations. Eight landowners in the Kilmaley parish then appealed the council's notice under Section 83 of the Local Government Planning and Development Act of 1963 to Ennis District Court.
At a special sitting of the court yesterday, legal arguments put forward by Mr John Casey, solicitor for the landowners, were dismissed by Judge Albert O'Dea.