GAA club fails to overturn ‘soccer-only’ venue decision

A DUBLIN GAA club has failed in its legal challenge to overturn the decision that the new Shamrock Rovers stadium in Tallaght should be developed as a soccer-only venue.

The Thomas Davis GAA Club had sought orders quashing South Dublin County Council’s decision of February 13, 2006, that the 6,000-seat stadium at Whitestown Way, Tallaght, should be completed for soccer only and a declaration from the court that the council’s decision (of February 13) was null and void and of no effect.

In December 2005, the council decided to alter what was earmarked as a soccer venue stadium for multi-sporting purposes. However, after being informed by the

Government the following February that they were only prepared to provide funding for a soccer-only stadium at the site, the council reverted to its original plans.

The council opposed the application and said it was entitled to make the decision. Shamrock Rovers Soccer Club were a notice party to the proceedings.

Yesterday in a reserved judgment, Mr Justice Roderick Murphy refused the reliefs sought by the GAA club.

Noting that the provision of additional government funding was a pre-condition to the development of a multi-purpose stadium, Mr Justice Murphy said the court “is of the view that it would be wrong of the council to commit itself to un-budgeted expenditure or to delay the implementation of its resolution of February 13, 2005”.

In 2005, South Dublin’s County Manager proposed that the stadium be used as a soccer-only venue.

However, after a public consultation process and a recommendation by the Tallaght Area Committee in November 2005, the manager’s proposal was altered to one in favour of a multi-sport stadium, involving the development of a larger-sized pitch suitable for Gaelic games.

Thomas Davis GAA Club had submitted during the consultation process that the stadium used for multi-sporting purposes. As the stadium would be completed with public funds, the GAA club believed that using it for different sports would be the best use of taxpayers’ money.

On December 12, 2005, the council members unanimously adopted a resolution in favour of that second proposal, and it was claimed that the facility would to be the “jewel in the crown” in terms of sports stadiums in the South Dublin County Council area.

In rejecting the club’s application Mr Justice Murphy said the council’s resolution of December 12, 2005, was subject to a pre-condition to its implementation, namely the allocation of significant further funding by the Department of Arts, Sports and Tourism.

The judge said if one accepted that this was a pre-condition that “in the absence of such funding the resolution could not stand, or more properly, could not be implemented”. He also noted that there has been “no change in the position regarding funding since the initiation of proceedings”.