Gormley ruling on rezoning only accepted by casting vote

A DIRECTION from the Minister for the Environment John Gormley to councillors in south Dublin not to rezone land for extended retail development was accepted by councillors by only one vote yesterday after heated debate.

Cathaoirleach of Dún Laoghaire Rathdown County Council Marie Baker was forced to use her deciding vote to push through Mr Gormley’s direction after councillors’ votes were tied.

The controversial rezoning, which would have given District Centre status to land at Carrickmines, off the M50, was confirmed by councillors in November at an earlier stage in the development of the Dún Laoghaire Rathdown development plan 2010-2016.

Last week, Mr Gormley directed councillors, under Section 31 of the Planning and Development Act 2000, not to rezone the lands.

However, the direction was legally flawed and a new direction was sent to the council on Tuesday evening.

Notwithstanding legal advice received by councillors, which stated they must accept the Minister’s new direction, councillors argued the process was procedurally flawed.

Cllr Jim O’Leary said the Minister did not know what he was asking for and councillors were being asked to take a leap of faith. He claimed it was unclear which direction the “second direction” was overriding.

“He also wants us to save the corncrakes; I think that might be the direction referred to,” he said.

“Did Cllr O’Leary visit the head shop this morning?” Labour Cllr Denis O’Callaghan asked.

Independent Cllr Victor Boyhan queried whether the new direction had been put before the Oireachtas, which was a requirement of the planning regulations.

Labour Party Cllr Richard Humphreys said the debate was a waste of time and councillors had no choice but to accept the directive.

After an adjournment, councillors voted 13 to accept the direction, 13 against.

Fianna Fáil Cllr Aoife Brennan abstained from the vote, but when it was evident the vote was tied, asked if she could change her position. She was told it was not possible.

Cllr Baker then voted to accept the Minister’s direction, going against her original vote against it. She said having listened to the manager and considering the legal advice, she felt she had no choice but to accept it.

“It is undoing every vote I have ever taken for Carrickmines, which I believe is a good proposal,” she noted.

Cllr Tom Joyce, who had been involved in initiating the rezoning of Carrickmines, said the issue was not going to go away.

Independent Cllr Gearóid O’Keeffe said the Minister was “inefficient and undemocratic”.

Afterwards, local resident Kealin McCarthy, who attended the meeting on behalf of herself and neighbours in Carrickmines, said she was very disappointed the rezoning would not be going ahead.

She said she was unemployed and a district centre would have provided more local jobs. “This is a direct hit to myself and the local area,” she said.

Over 30 motions were voted on yesterday as part of the final stage of the county development plan dealing with issues including the planned S2S Sutton to Sandymount cycle way, an increase in tree planting in the county and an extension to the curtilage of St Helen’s Radisson Hotel, a protected structure off the N11.

Councillors rejected seven motions put forward by People Before Profit Cllr Richard Boyd Barrett who sought to alter some of the recommendations included in the county development plan on Dún Laoghaire Baths, put forward by the sub-committee on the baths.

“Surely the sub-committee should acknowledge I have something to add to the debate on the baths?” he asked.

Chairwoman of the sub-committee Labour Cllr Jane Dillon Byrne said the work had been completed and Mr Boyd-Barrett could not “re-invent the wheel”.

More than 20 motions remain to be voted on by councillors before the plan can be finally passed.