Council to fight in Supreme Court to save residential green

The campaign to save a residential green in the western suburbs of Cork from development is going to the Supreme Court.

Cork’s city manager, Tim Lucey, has confirmed the council’s legal experts intend to appeal after a High Court ruling on Bishopscourt Green.

“It is anticipated an application for leave to appeal will be made to the High Court shortly,” said Mr Lucey.

The green, which has been used as a public park since the mid-1960s, was placed on the market in Jun 2007 as part of the sale of 1, Park Gate Villas, which stands on the corner of the 1.6-acre site.

Residents were shocked to learn title to the green was included in the title to the house.

The house was bought by a developer who lodged a planning application to build on part of the site.

It forced a tightening of the city development plan, which at the time simply indicated a presumption against development on such areas.

Within months, councillors adopted a new policy which indicated all open space in residential estates in the city, along with any green area that formed part of a planning application and was identified for the purposes of recreation, amenity, or open space, is deemed to benefit from a “public open space” zoning objective.

In Jan 2008, planners refused planning permission. But the developer submitted another application six months later insisting the site was zoned for residential development. Planners also rejected that application.

It was appealed to An Bord Pleanála which upheld the council’s decision.

Mr Lucey told councillors on Monday the lands were then the subject of two separate sets of judicial review proceedings, which were heard together by the High Court in Jul 2010.

The applicant was un-successful in the first set of judicial review proceedings.

“In the second set of proceedings involving the city council as respondent, the High Court determined that the applicant was not entitled to the reliefs which he sought,” Mr Lucey said.

“However, it expressed concern about one aspect of the public open space zoning and queried whether or not the zoning of the property as public open space could be understood to include the dwelling house and its curtilage, and as to the appropriateness or proportionality of that zoning having regard to the overall objectives of the city development plan.

“The High Court, having heard the parties further on this aspect of the case, found that the zoning of the dwelling house and its curtilage as public open space to be invalid.”

Mr Lucey said the decision will be appealed. Cllr John Buttimer (Fine Gael) said the city must take steps to tackle dereliction at the site.

“The property was upgraded some time ago following contact with the owner. However, it has deteriorated again and further action is required,” Mr Lucey said.

He said the owner will be requested to take remedial action, including boarding up broken windows and removing rubbish.

Bishopscourt estate was developed on a 10-acre site in 1966 by Denis J McCarthy, who set aside just over one acre as public open space and built paths across it. Residents have been maintaining the green since.