Treasury Holdings boss Richard Barrett has criticised An Bord Pleanála as "maverick and unpredictable" after planning permission was refused - for the third time - to redevelop Stillorgan Shopping Centre.
Barrett, who bought the shopping centre for over €38 million with business partner John Ronan in 1996, says he will await An Bord Pleanála's inspector's report before deciding whether to proceed with another planning application - claiming they have already amassed €7 million in planning fees.
"We don't mind being turned down for valid reasons but this is the second set of architects and the second set of planning consultants who have been involved. Normally a board decision is a road map by which we make the necessary amendments to a development but in this case they keep making up new grounds each time."
Barrett says the inspector's report may determine whether they go for fourth time lucky.
The Treasury Holdings boss said: "They keep invoking the development plan as a reason for refusal. When we see the inspector's report it will become apparent if we have somehow inadvertently transgressed the development plan and then we will amend. But it raises the larger question, why zone a place for a certain purpose and then refuse an application on the basis of zoning?
"One of the grounds of refusal is that the application is not in accordance with zoning for the site - which it is. In our view the development plan is only of use if you can objectively read it and objectively follow it."
Treasury, which made the planning application under the name Mymirdon Ltd, had to face nine local residents associations in the Stillorgan area.
St Laurences Park Residents Association said the current proposal made "no attempt to address the reason for refusal as outlined by An Bord Pleanála in 2001".
It also expressed concern about the limited capacity of the infrastructure on Lr Kilmacud and Dublin roads to cope with extra traffic generated by the centre. Another appellant described the proposed design of the centre as "aesthetically ugly and obtrusive with few redeeming features".
Stillorgan Shopping Centre is the oldest shopping centre in the state and, apart from two small extensions, it has remained unchanged since it opened in 1966 on a 8.6-acre site.
The plan was to provide a four-storey over basement with a gross retail area of 21,375 sq m (230,000 sq ft) and 1,075 parking spaces.
The board's decision was on the grounds of density, scale and traffic and said it was inconsistent with the designation of area as a district centre and with government retail planning guidelines.
It said the design of the shopping centre with blank walls at upper levels "would not reflect its pivotal position at this prominent corner location in the centre of Stillorgan and would seriously injure the visual amenities of the area".
