Council rules out challenge to retail planning decision

Cork City Council has ruled out a costly High Court challenge to a Bord Pleanála decision sanctioning a local retail centre in the western suburbs after getting legal advice that it would not be a prudent use of public funds.

City manager Tim Lucey told councillors last night that a judicial review could cost at least €270,000, and circumstances could arise where individual councillors could be exposed to legal costs.

He said a possible local centre is indicated on the city development plan close to Melbourne Business Park, where the new retail centre is to be built.

Even if the city won the case, the High Court would simply refer the decision back to the board, which was likely to make the same decision again.

In a detailed seven-page report, Mr Lucey set out the complex planning and legal context in which the matter should be considered.

Melbourne Management Company Ltd, associated with developers Michael and John O’Flynn, sought permission for a change of use of a block at the business park to develop a 4,500sq ft retail centre.

Last year, councillors voted unanimously against a planner’s report to amend zoning to facilitate the project.

Melbourne Management appealed the decision to Bord Pleanála, which overruled the council in September to give the project the go-ahead.

This led three Sinn Féin councillors to table a section 140 motion seeking to instruct Mr Lucey to seek a judicial review of the board’s decision.

Mr Lucey told councillors last night that, following extensive consultation with the city’s law agent, and based on senior counsel advice, a judicial review would not be a prudent use of public funds.

During a lengthy debate, Cllr Chris O’Leary (SF) said councillors had to defend the city development plan.

“If we don’t do this now, we will have a free-for-all in the city,” he said.

Cllr Sean Martin (FF) said this issue goes to the heart of local democracy in relation to planning decisions.

“If we don’t take a stand on this tonight, we might as well take a long walk off a short pier,” he said.

Cllr Mick Barry (SP) said it was a disgrace that the council had to consider gambling €270,000 that is badly needed in other areas to defend the city development plan from being picked apart by developers.

But Cllr Des Cahill (FG) said the key question was whether the city could win the court case.

“You got to pick your battles and unfortunately it is not in the council’s best interest to take on the board in this case,” he said.

Following a lengthy debate, councillors voted 17-12 against the section 140 motion, clearing the way for the development to proceed.