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National Transport Authority, Grant Over 6.5 Million For Tipperary Infrastructure.

Last week Tipperary Co. Council were informed that they had receive €6,666,601 from the National Transport Authority (NTA), for the provision of walking and cycling infrastructure in the county.

One long overdue project, namely the extremely dangerous junction situated at Bowe’s Corner, (latter connecting Friar Street west, with Abbey Road (west – R660) and Matthew Avenue north, with Butler Avenue/Iona Avenue (south), not forgetting the Colm Yard Lane (west) and Railway Road (west) in Thurles, has been allocated .5 million euro, same to be spent in an effort to make this area safer for both pedestrians and more importantly in this case for motorists, latter often blinded by late evening sun and objects obstructing full clear visibility.

No timeline for this work has yet been determined, however Thurles (west side) can again expect considerable disruption in the area, while this works is being carried out. Hopefully, “Yield” and “Stop” signs will end up facing in the right direction, unlike same presently being neglected in Thurles town over the past 9 months. [See HERE.]

“You can fool all the people some of the time and some of the people all the time, but you cannot fool all the people all the time.”

Following this announcement, some inactive local TD’s and Councillors, from various political persuasions, were quick off the mark; “like the proverbial bat out of Hell”, each claiming responsibility for acquiring this ‘grand chunk’ of funding.

Thurles Independent Councillor Mr Jim Ryan expressing particular delight stating that since being elected as a member of Thurles Town Council, he had been raising this issue. He further stated that he was thrilled that this .5 million will be spent in the area, thus guaranteeing a safer experience for all pedestrians, cyclists and motorists. “This is very good news for Thurles and I compliment the county council engineers and staff for pursuing the project”, he stated.

To be fair, our records do show that indeed Councillor Jim Ryan was the first to highlight this dangerous junction, and was even responsible with successfully forcing some safety changes in the past, undertaken by the local Council.

Not suprisingly, Tipperary Fianna Fáil TD, Deputy Mr Jackie Cahill quickly grabbed the headlines, according to local press reports, stating he was absolutely delighted to receive confirmation from none other than his colleagues in Government, that the Bowe’s Corner Junction Improvement Scheme had been allocated .5 million for major improvements, all courtesy of his imaginary imput.
He failed however to name his colleague in Government who informed him, but reiterated his delight in seeing his hard work paying off. He also was gracious enough to include fellow local Fianna Fáil councillors, namely Mr Seamus Hanafin and Mr Seán Ryan, for working on this and other numerous road and footpath projects in the county.

Independent TD, Deputy Mr Michael Lowry, despite his “Lowry Team” supporters, was last to hear of the success of county council staff, but eventually got around to welcoming the overall allocations, stating that this funding would help make urban centres, throughout the county and the country, more attractive places to live, work, visit and be unemployed.
Well one would hope so, surely these financial allocations, paid for by the Irish taxpayer, are not intended to make the county and the country more repugnant or inefficacious.

Perhaps, some of the above councillors or others would be equally as fast, as to put their ‘curser indicator to computer screen’, to answer the following.

* What Thurles taxpayers are anxious to know is when will the other half of the 12 million Euro, Liberty Square project be completed, latter financed by taxpayers and now three years in the offing, to the detriment of traders and consumers?
* Will Friar Street, in Thurles town, be completely under siege from both ends, (Westgate & Bowe’s Corner) in 2022 or will it be 2023/24 or even 2025 perhaps?
* Will GAA match followers, arriving from the north east and south by rail, now be steered up Abbey Road, through Kennedy Park, to Semple Stadium, thus avoiding Liberty Square altogether?

But sure look, when you are an ineffective councillor or a politician residing in Thurles, you have to be saying something in the press and on social media, in the slim hope that the electorate are stupid enough to vote you back into office, come next elections.

Warning To Motorists Travelling On Mill Road, Thurles.

With major traffic delays currently being experienced by motorists and other heavy duty, delivery vehicles, all attempting to pass through Thurles town; speeding traffic has greatly increased in both directions along the Mill Road, as same motorists attempt to access and exit the N62, thus avoiding the now generated bottleneck that is, alas, Liberty Square.

Mill Road surface, located west of the approach to Brady’s Mill.
Pictures: G. Willoughby

Same excessive traffic has now seriously collapsed the edges of this narrow road’s surface, as motorists, heavy trucks and agricultural machinery wend their way northwards, from Littleton and the N62 turnoff, travelling towards the Mill Road roundabout, close to the dangerous bend, at the entrance to Brady’s Mill.

The road surface initially collapsed in this area last November, (see pictures above) following on partially from a ditch having been removed, leaving a soft unsupported margin.

Despite politicians and local councillors announcing major funding for roads in Co. Tipperary, same road collapse has gone totally unattended, leaving the area with surface furrows/ruts/tracks between 15cm and 22cm (6 and 9 inches) deep at the road’s edge and not clearly visible to advancing motorists.

Please do slow down and take care.

Motorcyclist Who Crashed On N24 Last Week Looses Fight For Life.

Sadly, a motorcyclist, who was involved in a collision with a motor vehicle, here in Co Tipperary, earlier last week, (on December 28th last), has passed away in hospital.

The crash happened on the N24 in the towns-land of Kilshane, Co. Tipperary, at approximately 12.20pm.

Gardaí confirmed this evening, that the motorcyclist; a man as yet unnamed and aged in his 50s, has been pronounced dead at Cork University Hospital.
A male teenage pillion passenger on the motorcycle was also hospitalised, but with, thankfully, no known life threatening injuries.

The Coroner has been informed and a post-mortem examination is expected to be arranged in the coming days.

The crash scene on the main road between Tipperary and Cahir had already been examined by Garda Forensic Collision Investigators. However, Gardaí are once again appealing for witnesses to this collision. Persons who may have dash-cam footage, are being asked to make same available to investigating officers.

Those who may have information are being asked to contact Tipperary Town Garda Station Tel. No: 062-80670, the Garda Confidential Line Tel. No: 1800 666 111, or indeed any Garda Station.

Ministers McEntee & Browne Welcome Law Enactment To Remove Problems Affecting Rights Of Way.

  • Land and Conveyancing Law Reform Act 2021 comes into effect today.
  • Averts ‘legal cliff-edge’ due to take effect immediately after 30th November.
  • Reforms law on prescriptive easements and profits à prendre.

The Minister for Justice, Mrs Helen McEntee TD, has today welcomed the passage and enactment of the Land and Conveyancing Law Reform Act 2021. The Bill completed its passage through both Houses of the Oireachtas on Wednesday 24th November, and was signed into law by the President on Friday 26th November.
The Act comes into operation today, Tuesday 30th November.

It repeals a number of changes to the law on prescriptive easements and profits à prendre, under the Land and Conveyancing Law Reform Act 2009, which were due to take effect on Wednesday 1st December.

‘Prescriptive easements’ are ones that have been acquired by prescription (that is, by long use as of right, where there is no written deed formally granting the right, or the written deed has been lost). Various legal conditions apply – in particular, the claimant must prove a minimum number of years of continuous use, as of right, in order to establish that she/he has acquired a prescriptive easement or profit à prendre. Twenty years was the usual period of use before the 2009 Act.

‘Profits à prendre’ are less common, and are private rights held by a person (not necessarily a property owner) over another person’s land (not necessarily a neighbour) that involve taking a natural product of the land (such as fishing or shooting rights, or certain traditional seaweed gathering rights).

The Minister said,
“I’m delighted to welcome the timely enactment of this urgent Act. It averts a legal cliff-edge that was due to occur on 1st December, when major changes to the law on private rights of way, and other prescriptive rights, were due to come into effect.

I know that those impending changes have been causing worry and stress to many people, with farmers and homeowners at risk of losing important rights that have been enjoyed for many years without dispute. This Act repeals those changes, and protects acquired rights and acquired years of use”
.

Common examples of prescriptive easements include:

  • a right to use water or sewerage pipes, running under a neighbour’s land,
  • a right of support between adjoining buildings that have different owners,
  • a private right of way to access your home, or field, over a laneway that runs across your neighbour’s land.

The Minister continued,
“Legal terms such as ‘prescriptive easements’ or ‘profits à prendre’ can sound very remote and arcane (mysterious or secret) but in practice, these are issues that have very direct and practical consequences for many people.”

Serious concerns had been raised by stakeholders, including the Law Society and the Bar Council, about the changes that were due to take effect on December 1st 2021.

Minister of State Mr James Browne TD, who steered the legislation through the Seanad, added:-
“The Land and Conveyancing Law Reform Act 2009 was a major piece of reforming legislation, which repealed a large number of outdated laws and concepts, and modernised much of our land and conveyancing law.
However, after carefully considering the concerns raised by stakeholders about this particular chapter of the 2009 Act, it was clear that in this particularly complex legal area, the 2009 provisions were not working as intended.
I am grateful to the Law Society and the Bar Council, in particular, for their work to highlight these difficulties. I would also like to thank all the stakeholders who worked with my Department to develop the provisions of the Bill, and the Attorney General for the valuable legal advice and drafting expertise provided.

As well as repealing the major changes due to take effect on December 1st 2021, under the 2009 Act, the Land and Conveyancing Law Reform Act 2021 provides that:-

  • claims to validate or register a prescriptive right that are already pending on 30 November (before the courts, or the Property Registration Authority) will continue to be decided as they were before 30 November (as transitional cases, they were decided under the law that applied before the 2009 Act);
  • periods of long use that were acquired before or during the years 2009 – 2021, will not be lost on November 30th, if no claim has been made, but can still be counted in a claim made after that date (the clock is not re-set);
  • new claims (brought after 30 November 2021) will largely be decided under the judge-made law (the ‘doctrine of lost modern grant’) that applied before the 2009 Act. This reflects the strong preference expressed by stakeholders, who see these as the most satisfactory and familiar set of rules available, pending more detailed review;
  • it will still be possible to confirm a prescriptive right, either by applying to court or by registering it directly with the Property Registration Authority. But this will be optional, (as it was before the 2009 Act), rather than a mandatory requirement to avoid losing any rights acquired through long use.

Minister McEntee concluded,
“The Act addresses the most pressing need, by repealing the major changes due to take effect on 30 November, and thus removing the deadline.
However, more comprehensive reform may be required. The Government has agreed to establish a time-bound review to identify any further changes that are desirable to ensure that this area of law is placed on a sustainable long-term basis.
I hope that the review could start work early in the New Year, with a view to completing its work by the end of the summer.”

Tipperary Council Engineers Continue To Waste Taxpayers Money.

Rhythmic, gymnastic flapping motions of blue and gold ribbon, awaiting the scissors of one or other idle Tipperary politician (rarely observed in Dáil Éireann these days), has not yet been stretched across the ever narrowing expanse of Liberty Square here in Thurles Town central; and already high sided vehicles have begun contorting our new street signs. This is the second bent sign on Liberty Square in just 5 weeks, due to be paid for by the taxpayer.

We won’t mention the new Thurles R-660 Abbey Road Roundabout.

It would appear that Tipperary council engineers are incapable of learning from their past, costly mistakes. Because of the now formed acute bend linking Liberty Square and Slievenamon Road, large long trucks are forced to enter and encroach into oncoming traffic, (Well some do & some don’t. See picture above) in order to make their necessary exit.