# Clare county council online query facility-is accepted as feedback on website



## NOAH (7 Jan 2012)

I am trying to work my way round clare co co ie find the right person and right department so I had a look  at the website and found a flag for online query under customer services!!  I sent off my query and got this instant reply!!!

" Online Query
Thank you, your message was sent, we appreciate all your feedback and we use it to try and improve our website."""

It should be noted webpage was not updated since June 2009.

I want to raise a matter about land flooding at the rear of me and spilling into my garden?  any help appreciated.

This is the stage so far.

1.  The councillor I rang and asked for him to meet with me agreed,  but then never turned up and did not even ring to explain. I waited in all day!!  silly boy  me

2.  The engineer that I was told to see by said councillor mysteriously was not available when I called to the offices, he was left my contact details but ...  yes nothing.

Is this the norm??

Where do I find the name of the county council paid manager?

noah


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## Purple (7 Jan 2012)

Have you gone though the A-Z of services link at the top of their webpage?
The County Manager's name, photo and email are on this page.


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## NOAH (7 Jan 2012)

Yes I did and this is what happens when you try to email.


Delivery has failed to these recipients or distribution lists:

secretary@clarecoco.ie
The recipient's e-mail address was not found in the recipient's e-mail system. Microsoft Exchange will not try to redeliver this message for you. Please check the e-mail address and try resending this message, or provide the following diagnostic text to your system administrator.

and thanks for reply, apparently I have to go into the offices and keep asking etc


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## micmclo (7 Jan 2012)

And this is why some ignore their council and go straight to their TD for issues

Have you tried your TD?

Or even party HQ and tell them their councillor was a no show 
Maybe they won't care but maybe the councillor will get a call from the party chairman


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## ajapale (7 Jan 2012)

Hi Noah,

I understand your frustration but think there are a number of related related but seperate issues here.

1. Ability to make an enquiry to the local authority
  a) via email
  b) via telephone
  c)  via traditional mail
  d) via local public representative.
  e) via national public representative.
  f)  in person via visit to LA (county hall or local area offices)
  g) via Engineer/Archtect/Planning Agent or other professional.
  h) via solicitor.
  i)  via ombudsman.

2. Ability to define your problem/query and determine what branch of the Local Authority (if any) may be in position to help resolve it to your satisfaction.

It seems to me that the LA's ability to deal with email enquiries is a bit a shambles.

It appears to me also that your efforts to resolve the issue via telephone and personal visits to LA offices have also not been successful.

Have you documented the issue and written to the council?

Have you tried contacting other councillors?

Have you considered involving a solicitor?

If you have exhausted the above you migh consider contacting the ombudsman.

Lastly is there a possiblitiy that the Council have little or no involvement in the issue ie a dispute between two private parties?


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## lowCO2design (8 Jan 2012)

noah,
I deal with planning departments in council regularly an would suggest you as a lay person should draft a letter, include a google map/ location map and coordinates, outline that you are an adjoining owner, explain the reasons why you are writing, mainly including H&S reasons. and send the letter to relevant engineer. if within two weeks you have not had a reply, send a further letter with basically all the same stuff in it, but copy it to the director of services and your local councillor. 

you will not get satisfaction by phone, you may find that there is actually a council form that you could fill out-out, so no harm in going to chat with someone in the planning reception, but before you go any further you need to speak to your neighbour.


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## ajapale (8 Jan 2012)

OP,

Is it a planning/planning enforcement issue?



ajapale said:


> 2. Ability to define your problem/query and  determine what branch of the Local Authority (if any) may be in position  to help resolve it to your satisfaction.
> 
> Lastly is there a possibility that the Council have little or no  involvement in the issue i.e. a dispute between two private  parties?



aj


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## NOAH (8 Jan 2012)

Thanks all for replies, to get this on  the right footing I have to give a bit of background and I am not a local but definitely regarded as a yokel. Not enough in writing.

 OK a small bit of background,  this matter has been ongoing since 2007 or earlier. I have been poorly since 2009 but I had in fact thought the issue had been resolved, ie flood prevention put in down the road from me, storm drains, and a big pump working 24 hours non stop when rains arrive.   So no flood until this bad spell.  I am not bothered any more but my other half is panicking. 

Why do I think council is involved?    The land at rear of me is crag and slopes away so lower level than my garden. This is the important bit,  the council dumped a lot of rubble back in  2005/06. I had my engineer, who was helping with house renovation, look at flooding in 2007, who I had then, recommended to me by my TD,  established that rubble was dumped illegally. 

So as far as I was concerned the council dumped the rubble, raised ground level, had been contacted by my engineer and matter would be resolved.  At that time as well, I was contacted by someone from the council by phone, they asked me for directions to exact site and said they were examining it to do a report.  But when I asked for a copy of the report they said no I would not be allowed to see it. Now this is around 2007 so I am hazy. 

At that time as well ,  07/08 owner of land at rear put in a planning application to erect dwellings and I saw the plans and it did show the land would  need to be raised.  It did have a proviso that a drain would be installed, a french drain was , mentioned.  In fact I was moving in at this time and knew the neighbours adjacent to me, not that well, but I did in fact type up the objection and gave it to one of the neighbours to proof read but he promptly signed it himself and took it to planning. I may have a copy somewhere but on my 2nd desktop pc since then. 

Long story, bust came and development ceased but occasionally I would see diggers at the back doing a bit of levelling. I would quiz them to be told we are doing as instructed ie raising ground to same level as my back garden.  I explained that was not a good idea as that would push water into my garden.  And work would cease near my boundary.  No flood so I got on with my life. Also on occasions I would see cattle in there!

 I moved in oct 07 and had garden landscaped sept 08 and it looked good. But some laurels on boundary wall died and gardener said water logged. Anyway the bed was raised and they grew. I am also aware that the water table is high where we live.  It was last week a second neighbour approached me as he is getting water now as well.  I went into field on Friday and most of it has been raised and levelled and a house is being built on a part of it where rubble was dumped.  Also more rubble has been dumped. I have taken loads of pictures. I also learned the council are now leasing part of the land, have cleared it, built a block wall and may store machinery.

So what has been left near my boundary is an area that is very low in relation to rest of site,  old trees have been pulled up and put in piles,  loads of what I called ballast is dotted around in areas that are now full of water and a mini lake has formed.

It was the council that dumped the rubble so council must have sought and got permission of owner so council are the cause behind my garden flooding. 

I hope that explains the background but on examining the situation closely over the weekend it could be argued the area always flooded and I have to live with it.  My contention is that raising the ground level will affect me adversely.   However, and this is the killer if I make too much of a fuss there is a possibility owner could fill in remainder of land and then I will be in the poo forever.  

I think I should get an engineers report and a solicitors letter but I know no one and that is the crux of the matter. I am also thinking of investing in a pump and if it gets too close pumping it away.

All the above is from memory and if I got a better deal from the local councillor or the council engineer last Friday I would probably be happy but they have been so evasive I am worried myself  now.

To finish I sent a text to said councillor saying I was disappointed he did not call or even ring to say he was help up.  To say I am gobsmacked with his reply, is putting it mildly. These are a few excerpts.
"No problem but patience is a virtue, things went against me yesterday and it was also a church holiday. I can still call if you like but I will leave that up to yourself. "  And this bit......" I also have relevant forms if you are interested in registering to vote"  I am registered.

Now you can get a gist of why I am confused.

noah

ps I have learnt my lesson, I have already written to TD with photos,  tried to send them to council but they bounced it back, their server could not handle size but I will amend it. And I will send a letter to county manager and cc it to TD.


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## ajapale (8 Jan 2012)

NOAH said:


> I think I should get an engineers report and a solicitors letter.



Yes, you need to engage a competent, professional engineer with experience with drainage and hydrology. Any you need to engage a solicitor who will help you decide whether or not your neighbour and the council are liable (or potentially liable) for damages to your property (your garden flooding).


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## NOAH (9 Jan 2012)

thank you,  how do I find such an engineer?

noah


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## ajapale (9 Jan 2012)

You could call Engineers Ireland and get a list of Chartered Engineers operating in your area.

You could also consult the golden pages http://www.goldenpages.ie/professional-engineer/ennis-clare-county/


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## Vanilla (10 Jan 2012)

And don't delay there are time limits here for you to take proceedings which may well run out if you procrastinate.


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