Challenge to clean slate for Donegal planning

A High Court challenge has been launched aimed at overturning a finding by the minister of the environment that there was no evidence of planning irregularities in Co Donegal.

The action has been taken by consultant planner Gerard Convie in relation to a number of complaints he made between 2007 and 2009 about allegedly irregular planning decisions made by Donegal County Council.

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

He claims his submissions were dismissed last June when the Department of the Environment said in a report it had found no evidence of corruption or abuse of public office by planning officials in several local authorities including Donegal County Council. That review was commenced in 2010 by the then FF/Green administration.

However Mr Convie, of Lower Main St, Donegal, claims his detailed complaints “were not investigated at all” and that the conclusions contained in the report were based entirely on submissions made by Donegal County Council.

Yesterday, Conleth Bradley SC for Mr Convie told Mr Justice Barry White his client’s complaints were dismissed by the minister without being given “any appropriate consideration”. Counsel said the minister had made several fundamental errors in respect of Mr Convie’s submissions, including the findings that Mr Convie had not produced evidence of irregularities, that the submissions were lacking in detail and that Mr Convie was not a reliable witness.

Counsel added the minister also took into account irrelevant considerations when considering the motivations Mr Convie had for making his submissions, and was concerned about the impact on his professional reputation. The court heard that prior to resigning from the council, Mr Convie had brought legal proceedings challenging a decision to dismiss him from his post.

Mr Convie is seeking orders from the court quashing the finding of Jun 12 that there was no prima facie evidence of any malfeasance of his complaints. He is also seeking declarations including that having made a detailed submission about planning irregularities he had a legitimate expectation that his complaints would be investigated in an thorough and impartial manner.

He is further seeking declarations that the inquiry failed to comply with natural and constitutional justice and that fair procedures were not followed. Donegal County Council is a notice party to the proceedings.

Permission to bring the challenge was granted yesterday by Mr Justice White. The application was granted ex parte, where one side only was represented in court. The matter was made returnable before the court next month.