THE EXECUTIVE in Sligo County Council is caught in a new dispute over Lissadell House and Desmesne at Carney.
The detail emerged when it was published by An Bord Pleanala on its website late yesterday evening (Thursday).
Brief details confirm the Council has asked Pleanala to rule "whether the erection of fencing at Lissadell House and Demesne is, or is not, development -- or is, or is not exempted development."
Pleanala received the request on August 1st last and it is due, says its website, to make its decision known by December 4th 2012.
However, that is an indicative date only and Pleanala decisions often come later.
Pleanala yesterday evening described Sligo County Council as the "referrer," while Edward Walsh and Constance Cassidy are listed as ''owner/occupier.''
The Council's decision is made under Section Five of the Planning and Development Act, 2000. Chamber Challenge
The Act appears to suggest that a declaration on the question that has arisen -- and the main reasons and considerations on which it's decision is based -- is due within four weeks of the receipt of the request.
The 2000 Act also appears to provide a three weeks extension where further information is sought.
However, provisions appear to refer to citizens making a Section Five referral to a local planning authority.
The timeframe seems somewhat longer when the matter is referred to Bord Pleanala.
Interestingly, Sligo Chamber of Commerce used Section Five last March to challenge the 'change of use' at of a store run by HomeCare and More at Carraroe Retail Park. The indicative date for that decision is 9/11, ie September 11th.
Sligo County Council is already facing a Supreme Court hearing early in 2013 arising from its decision at a members meeting on December 1st 2008 re: rights of way claimed to exist through the Lissadell Estate.Several Months
The High Court ruled in the Council's favour in December 2010 after the new owners contested the decision made by a majority of Sligo County Council members.
That hearing took several months -- with judgement reserved -- and also saw Mr Justice Bryan MacMahon visit the Sligo site for one sitting.
Millions have been lost annually in tourist revenue, following the cessation of public access to the restored building and gardens.
Concerts in July 2010 featured Westlife and Leonard Cohen and there were plans to have the Canadian superstar return this summer.
Lissadell House was the ancestral home of the Gore-Booths, of the poet and feminist leader, Eva Gore-Booth and her sister, the 1916 leader, Madame Markievicz.
Constance Markievicz was later the first women ever elected to the British House of Commons and the first female appointed as a Minister in an Irish Cabinet.