Procedures in six local authorities to be examined after part of review quashed

Six local authorities are to be subject to new investigations for planning irregularities by independent planning consultants to be appointed by Minister of State for Planning Jan O’Sullivan.

Planning procedures and practices in Dublin and Cork city councils as well as Cork, Carlow, Galway and Meath county councils had been examined in an internal review by the Department of the Environment.

“I am determined to uphold the integrity of the planning system,” Ms O’Sullivan said. “It is vital that scrutiny and evaluation of the planning process is not only fair and objective, but is also seen to be so by the public.”

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A town council is demanding junior environment minister Jan O’Sullivan resign after she issued a directive ordering the dezoning of land in a suspected floodplain.
The site in Midleton, Co Cork, close to the Owenacurra River, had been designated by the town council for mixed use/town development.

But following an Office of Public Works’ survey in 2009 the site, known as Watersedge, was earmarked a flood risk under an amendment to the Planning and Development Act 2000.

Members of Midleton Town Council are angry Ms O’Sullivan declined invitations to visit the town and further claimed Cork County Council was implicit in badly misinforming her.

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The Mahon tribunal specified a quasi–judicial role for the watchdog. Without this, the post will lack necessary teeth

From page 4 It is now 18 years since a Newry firm of solicitors placed an advertisement in The Irish Times offering a £10,000 reward to anyone who could provide evidence of corruption in the planning process that would lead to the conviction of those involved.

Why Newry? Because the sponsors tried and failed to get solicitors in Dublin to act for them – the whole issue was too hot to handle. Across the Border, however, there were no such sensitivities, so Donnelly Neary & Donnelly readily agreed to act as the legal conduit.

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Local authorities are being reminded by Minister of State for Planning Jan O’Sullivan that they have a statutory duty to enforce planning laws, particularly in cases involving “large–scale unauthorised development”.

Following on from the announcement last week that the Government intends to establish an independent planning regulator, Ms O’Sullivan will today issue a new policy directive on planning enforcement to all local authorities.

“Ireland’s performance on planning enforcement has been patchy and we need to address that,” she said. “Those responsible for breaching planning legislation need to know that they will face the consequences of their actions and . . . that the system has teeth.”

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The Government has decided to go ahead with the appointment of a planning regulator, in a move described by Minister of State for Planning Jan O’Sullivan as a “milestone” in implementing the recommendations of the Mahon tribunal aimed at eliminating corruption.

The Cabinet yesterday approved the draft heads of a Planning and Development Bill to establish a new office of planning regulator, saying this was “the most significant recommendation” on planning made by Mahon.

However, the proposed regulator’s remit may be limited to providing an “independent appraisal” of city and county development plans and regional planning guidelines as well as “planning research, education and investigation”. 

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On one farm a 300–year–old oak tree was felled to stop bats from roosting in it. Another has been bisected by concrete post–and–wire fencing. On a third, the fields are denuded of grass and scarred with trenches where archaeologists have been digging. Farmers whose land was earmarked for the A5 dual carriageway say they wish they had barred Roads Service contractors from “jumping the gun” and carrying out preliminary work on their fields – particularly now the decision to build the road has been quashed in the High Court.

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The National Trust has lost a legal attempt to block construction of a £100m golf resort and hotel near the Giant’s Causeway in County Antrim. The trust opposed the development because of its proximity to the Unesco world heritage site. It brought a judicial review after Environment Minister Alex Attwood granted planning permission.

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Moves to allow the development of a town centre on a flood plain in Midleton have been challenged by Housing and Planning Minister Jan O’Sullivan.

She has issued notice to Midleton Town Council that she plans to direct the overturning of its development plan, voted last month, which allowed the zoning of an area close to the Ballinacurra river to be zoned as development land for a town centre. 

Ms O’Sullivan said it should instead be zoned as suitable for recreational and outdoor use only, as it is at high risk of flooding.

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A local authority has defied the Government’s guidelines and refused to dezone a flood plain earmarked for development.

Cork County Council has, however, warned town councillors in Midleton they face being personally liable for future flood damage if they act contrary to a ministerial recommendation.

But one councillor described the warning as a form of council bullying.

County council planners had advised the Midleton council to zone, for open space development, the flood plain at The Mogeesha in the Watersedge area close to the River Ballinacurra.

The site is currently zoned under a 2008 plan for town centre development.

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Controversial plans for a John Lewis store in Northern Ireland may have been dealt a fatal blow by a new planning policy. The development at Sprucefield, which includes 19 other retail units, was first suggested nearly nine years ago. Environment Minister Alex Attwood has confirmed a new area plan will limit further development at Sprucefield to “bulky goods” like furniture.

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The National Trust has sent members a letter saying that if a golf resort near the Giants Causeway goes ahead, “nowhere is safe from development”. It said Northern Ireland needs a planning system that “works properly”. A legal challenge is being mounted against the decision to give the go–ahead for the £100m resort.

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The power of councillors to overturn planning decisions is to be abolished as part of the biggest overhaul of local government in more than a century.

The ambitious reform proposals, unveiled by Environment Minister Phil Hogan, plans to eliminate section 140 of the Local Government Act 2001.

This will ensure that councillors will no longer be allowed to overturn the decisions of planning officials. They will also no longer be permitted to direct the executive in respect of planning functions.

The step has been taken after evidence given to the Mahon tribunal regarding corruption among councillors in the planning process which has dogged the political system for decades.

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Cork city councillors want the environment minister to overhaul An Bord Pleanála amid claims it has rendered the city’s development plan useless.

It follows their decision not to risk public funds mounting a legal challenge against a the board’s decision to grant planning permission for a local retail centre in the western suburbs.

The board’s decision overturned a unanimous council vote to refuse permission for the project in the Melbourne Business Park off the Model Farm Road.

It was the second time in just over 12 months that the board overturned a council vote relating to changing the city development plan.

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A REGIONAL airport will have to fork out almost €500,000 to adjust its landing technology after An Bord Pleanala gave the green light for a nearby windfarm.

The decision could lead to further losses at cash–strapped Kerry Airport, which has been struggling following the loss of a key route.

An ad hoc meeting of the board of directors to discuss the implications of the decision heard it would have a “negative impact on the airport’s operations”, the Irish Independent has learned.

The application by Tralee–based company, Saorgus Energy Ltd, to build a 28–turbine windfarm at Glanowen and Glanawaddra, Cordal, Co Kerry had previously been refused by Kerry County Council.

But this decision was subsequently overturned by An Bord Pleanala, which granted conditional planning permission for the development.

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Report found no planning irregularities in Donegal

A HIGH Court challenge has been launched aimed at overturning a finding by the Minister for the Environment’s that there was no evidence of planning irregularities in Co Donegal.

The action has been taken by consultant planner Gerard Convie, who wants the court to overturn the Minister’s finding that there was no evidence of wrongdoing in relation to a number of complaints he made between 2007 and 2009 about allegedly irregular planning decisions made by Donegal County Council.

He had made the submissions arising out of his concerns about planning procedures in Donegal County Council, for whom he had previously worked, and the manner that certain individuals were receiving preferential consideration arising out of their relationships with council officials.

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The government is to look at ways to expand the UK’s airport capacity, amid suggestions the prime minister will perform a U–turn on his pledge not to build a third runway at Heathrow. A commission chaired by ex–Financial Services Authority boss Sir Howard Davies will also consider a new airport to the east of London. London Mayor Boris Johnson, who opposes expanding Heathrow, called the government’s move a “fudge”. The commission will report after 2015.

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CORK South–West Fianna Fáil Senator Denis O’Donovan has launched an all–out attack on An Taisce, who he described as ‘like the Ku Klux Klan’ in relation to its behaviour towards Cork County Council.

 ‘It is not subject to freedom of information requests and gets mandatory notice of every rural planning application in Ireland,’ he said. ‘It had the audacity recently to challenge the autonomy of Cork County Council and its manager in respect of that organisation’s policy on one–off housing, which challenge was substantially and unequivocally rebuffed by An Bord Pleanála. There is no transparency. There is a Chinese wall of secrecy around the organisation. It has many members in West Cork, yet there is never a public meeting or an AGM. No one can ascertain the membership of this body.’

This group had done substantial damage to genuine people who sought to build houses in rural areas in order to live in their communities, he said.

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   AN BORD Pleanála has refused planning permission for an artificial ski slope and major leisure development on an environmentally sensitive site adjoining Dundalk Racecourse in Co Louth.

    An Taisce, which had appealed against Louth County Council’s decision to approve the scheme by Integrated Leisure Solutions (ILS) Ltd, welcomed the board’s decision, saying that the site “should never have been zoned f or development in the first place”.

    In its ruling, An Bord Pleanála cited Smarter Travel: A Sustainable Transport Future, which “sets out the Government’s vision of achieving a sustainable transport system”, including a reduction in car use and a shift to public transport and other modes.

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Justine Greening has said the government remains opposed to a third runway at Heathrow, despite calls from Conservative MPs for a change of heart. The transport secretary said expanding Heathrow was “not right” for the UK and other options needed to be considered – including building a new hub airport. Some ministers have reportedly urged a rethink amid strong business support. And backbencher Tim Yeo said David Cameron must show whether he was a “man or a mouse” by backing the idea.

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THE HIGH Court has dismissed a Co Dublin community group’s claim that the proposed east–west electricity interconnector going through the town of Rush will be operated in a manner not in compliance with planning permission.

Rush Community Council Ltd brought the proceedings against Eirgrid due to concerns about an association between electromagnetic fields generated by highvoltage power cables and childhood leukaemia.

Eirgrid insisted the interconnector would be operated in accordance with its planning conditions and would comply with international guidelines on electromagnetic fields.

In his judgment yesterday, Mr Justice Michael Peart said he was of the view the proceedings were “misconceived”. He also believed they had “wasted a lot of valuable court time, not to mention, I imagine, a great deal of money”.

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