Councillors seek legal challenge to retail plan decision
Three Sinn Féin councillors are behind the move which could instruct city manager Tim Lucey to seek a judicial review of the decision which gave the green light to the development near CIT.
Councillors Chris O’Leary, Henry Cremin, and Fiona Kerins have signed a “notice of intention” to propose a resolution under Section 140 of the Local Government Act 2001, in relation to the project.
The resolution, which has been submitted to Mr Lucey, reads: “That we the members of Cork City Council hereby direct the city manager [you] to challenge by way of judicial review the direction of An Bord Pleanála to rezone lands on Model Farm Road under PL 11/34947.”
Mr Lucey must refer to the signatories within two weeks before the resolution can be voted upon by full council.
It follows the board’s decision on the proposed retail centre at the Melbourne Business Park in Bishopstown.
The applicant, Melbourne Management Company Ltd, associated with developers Michael and John O’Flynn, sought to change the use of several park units, to provide a 4,500sq ft local retail centre with an off-licence and four other shops.
About 10 months ago, councillors voted unanimously against a planner’s report to amend zoning to facilitate the project.
Melbourne Management appealed that decision to An Bord Pleanála, which last week overturned the council’s vote, and gave the project the go-ahead.
However, Cllr O’Leary said the board’s decision conflicted with the provisions of the City Development Plan 2009-15 and with the unanimous wishes of the democratically elec-ted council members.
“The board overstepped its guidelines as far as we are concerned,” he said.
“We would hope that other councillors will agree with us and support this resolution to defend the city development plan and the democratic wishes of the council.”
Developer Michael O’Flynn said that while councillors were entitled to mount such a challenge, he said he was surprised by it.
“I would like to know what are the grounds for seeking this review. The planning issues have been dealt with,” he said.
He questioned the possible use of public money pursuing a judicial review, and said he had a problem with the amount of commercial objections to the project.
“This is good news for the area. The business park needs a new lease of life,” he said.
Earlier this year, councillors voted unanimously against another proposal by Melbourne Management to change the use of a separate unit in the business park to develop a veterinary clinic.
That decision has also been appealed to An Bord Pleanála with a decision due in November.
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