City boss quizzed over challenge to Cork retail project

Cork’s city manager has been asked to publish the legal advice that resulted in councillors voting against mounting a legal challenge to a contentious retail project.

Sinn Féin’s Chris O’Leary has also asked manager Tim Lucey to explain if councillors who voted against the legal challenge in relation to the proposed new local retail centre at Model Farm Road could be held liable for costs if other parties are successful in a challenge against the decision to grant planning permission for the project.

The issue is expected to be discussed at this evening’s city council meeting.

It is the latest twist in the planning saga at the Melbourne Business Park on the city’s western outskirts.

In September, an Bórd Pleanála overturned a city council vote almost 10 months earlier to not change zoning, and granted planning permission for the retail centre, including an off-licence, in the business park near CIT.

Councillors reacted angrily and accused the board of undermining the city development plan.

But, last month, they voted against mounting a costly High Court challenge to the board’s decision after getting legal advice that it would not be a prudent use of public funds.

Mr Lucey told councillors a judicial review could cost at least €270,000, and individual councillors could be exposed to legal costs.

And he said 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.

Cllr O’Leary has asked Mr Lucey to provide councillors with a copy of the legal advice which informed his Oct 8 report to council.

Separately, two private individuals have brought a High Court challenge against the planning decision.

Raymond Dennehy, Manor Hill, Ballincollig, Co Cork, and Brian Herlihy, Muladhara Ballinaboy, Ballinhassig, are seeking orders overturning the board’s decision.

Mr Dennehy and Mr Herlihy contend the proposed development materially contravenes the Cork City Development plan.

The zoning of the lands at issue does not permit retail development, they claim.

Mr Justice Michael Peart granted the applicants’ ex-parte application last month for leave to bring the case.