THE SECRETARY
AN BORD PLEANALA
64 MARLBOROUGH STREET
DUBLIN 1.

Planning Ref: P08-481

SWORN EVIDENCE OF JOHN GILL
(one hundred and seventeen pages)

WITH REFERENCE TO PLANNING PERMISSION GRANTED BY CLARE COUNTY COUNCIL ON PROPERTY STOLEN FROM ME JOHN GILL FROM FOLIOS 6976F and 11537F COUNTY CLARE IN NEWMARKET-ON-FERGUS.

NOTICE OF APPEAL

TAKE NOTICE that on the 1st day of January 2009 I John Gill of Drumline, Newmarket on Fergus, County Clare will Appeal the whole of the Planning Permission and Decision of Clare County Council granted to KECO Construction c/o MBK Associates, Town Park Centre, Tuam Road, Galway on the following grounds:

1. The Grant of Planning Permission and or Decision to Grant Permission on stolen property is illegal, unlawful and contrary to law. It is in violation of law and the rule of law which has the force of law.

2. The Planning Section of Clare County Council is fully aware that there are Illegal Contracts in place in the Transfer of this property to John Hickie and John O'Doherty on the 1st of August 2007; and on the 25th of April 2008 an official of Clare County Council Planning Section tipped me off about something untoward going on in the Office of the Planning Section. This official explained to me what was wrong with the procedure and gave me and or told me what the procedure should have been. I am in possession of the documented evidence.

3. Illegal Contracts which are forbidden by Statute are contrary to Common Law and the Constitution. Such Contracts are void and collateral contracts are also vitiated. Contracts that are illegal under Common Law include:
   1. A contract to commit a criminal offence or a civil wrong.
   2. A contract prejudicial to the administration of justice.
   3. A contract which serves to corrupt public officials.
   4. A contract tending to encourage immorality.
   5. A contract to trade with enemies of the State.
   6. A contract which serves to defraud the Revenue.
A Contract which is illegal on its face is illegal at its inception and unenforceable.

4. The Planning Section in Clare County Council had in their possession on the 2nd of January 2008 many of the forged documents which were used in the attempted theft of my property.

5. The Planning Section of Clare County Council is also in possession of a copy of a Circuit Court Order dated the 29th day of November 2006 preventing any interference with my property Folios 6976F and 11537F County Clare until the trial of the Action. The evidence in my possession vindicates what the planning official tipped me off about on the 25th of April 2008. I have also a High Court document whereby O'Doherty and John Hickie failed to put in an appearance to my Plenary Summons dated the 11th of February 2002. The document is signed by an official of the Central Office of the High Court in Dublin and dated the 10th of June 2002, also confirmed by Nassau Street Land Registry Office 26/3/2002.

6. The Planning Section of Clare County Council were made aware by Fax on the 6th of May 2008 that there was a Plenary Summons filed in the Central Office of the High Court in Dublin REF John Gill, Plaintiff -V- John O'Doherty and John Hickie, stamped, received by Clare County Council Planning Section, and a further copy of the Plenary Summons was received by ordinary mail on the 9th of May 2008. There is illegal and unlawful activity working against me John Gill in the Planning Section.

7. The Planning Section of Clare County Council acknowledged and advised me John Gill that two valid submissions have already been received from me on the 10th of April 2008 and the 25th of April 2008 in a letter dated the 12th of June 2008 together with fourteen-page documents served on the Bank of Ireland, Allan Lewis, and others who are involved in the theft of my property. The behind the scenes and cover-up in the Planning Section of Clare County Council must be investigated.

8. On receipt of a letter dated the 26th of November 2008 from the Planning Section of Clare County Council at around 2.15PM on the 28th of November 2008, I John Gill with a witness went to Newmarket-on-Fergus and found a Planning Notice on the gatepost of Site number three which was dated the 1st of December 2008. I with my witness removed the Notice and went immediately to the Planning Section of Clare County Council to inspect the planning file. There was not a clear signature on the letter of the 26/11/2008.

9. The official who attended us at the desk took the details and the Planning Notice, and right before our eyes the official went to the filing cabinet and brought the file back to her own working desk. She then went and consulted with another official who returned to her desk with her. Quite open and visible from where we were standing, the second official tampered with the file for some considerable time before it was shown to us. While inspecting the file we were under constant pressure to leave the building because the time was nearing four o'clock. Because of the pressure we left without a proper inspection of the file. We did, however, come away with some very disturbing documented evidence - the Submission received was not scanned, it was however dealt with on the 26/11/2008 and signed by a Kevin Boyle. The Decision date was given as Due on the 22/12/2008. The Decision was however given on the 18/12/2008 in breach of Planning and Development Regulations 2001-2006. The assurance given to me John Gill in a letter dated the 2nd of January 2008 has also been breached.

10. On the Planning Section file of Clare County Council on the 28th of November 2008 there was no Planning Notice other than the one we removed from the gatepost of Site number three which was dated the 1st of December 2008, and there was no sign of any newspaper notice. The letter which was dated the 26th of November 2008 had no signature but did state that the Decision date on this planning application is now due on 22/12/2008 but was given four days early on the 18/12/2008. The planning decision granted on the 18/12/2008 is invalid and therefore must be revoked on Planning P08/481.

11. In the Planning Section of Clare County Council on the 2nd of January 2008 we discovered an application on the file where Eugene Keane and Michael Cotter of KECO had filled in the Application which stated that they were the Owners of my property which is untrue and a fraud. The evidence must be produced.

12. A Land Registry official in the Setanta Centre, Nassau Street, Dublin gave us a hint that we should go to the Land Registry in Waterford City. We arrived there by surprise on the 26th of March 2008 and discovered that John Hickie and John O'Doherty from Limerick City were the Registered Owners since the 1st of August 2007, an illegal act and a fraud. I John Gill am the legal and lawful owner of Folios 6976F and 11537F County Clare. He told us that Waterford did the hatchet work.

13. On the 25th of April 2008 we discovered on the file at the Planning Section of Clare County Council a letter from Cahir & Co. Solicitors dated the 7th of March 2008, lodged by KECO Ltd on the 11th of March 2008 and received by Clare County Council Planning Section on the 2nd of April 2008. The letter confirms that Enda and Carmel O'Connor of Tubber, Co Clare are the owners of property comprised in Folio 11537F and Folio 42170 County Clare, which is a lie, a forgery and a fraud. This is, as stated in number 3 of my Notice of Appeal, an ILLEGAL transaction. Those involved in the cover-up of this illegal and unlawful activity in the Planning Section must be removed and exposed.

14. As this Application will be exposed on a web site that will not only affect and interest people from all over the island of Ireland but also many exiles all over the Irish world, I request that the hearing be held in public with video cameras and that I be at liberty to choose my own panel to question all of those who believe that they own my property and or have stolen my property by illegal and unlawful means. Cahir & Co Solicitors were already involved in the Sale of my Trust property at a much reduced price, most all of the money in cash, John O'Doherty style.

SWORN BY THE SAID JOHN GILL AT SHANNON IN THE COUNTY OF CLARE THIS THE 2ND DAY OF JANUARY 2009 BEFORE ME A COMMISSIONER FOR OATHS AND I KNOW THE DEPONENT.

Tomas Mac Cormaic
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COMMISSIONER FOR OATHS