The recent decision by An Bord Pleanála to approve a substantial shopping centre scheme for Mahon Point, on the eastern edge of Cork city, was made against the advice of the planning inspector who dealt with the case.
Mr Brendan Wyse recommended that permission be refused on the grounds that the €445 million scheme by O'Callaghan Properties would run counter to the Cork Area Strategic Plan and public policy on sustainable development.
However, An Bord Pleanála, by five votes to two, disagreed with Mr Wyse's recommendation and decided to grant permission, saying it considered the scheme would not adversely affect Cork city centre or the capacity of roads in the Mahon area.
In his report, now publicly available, Mr Wyse said there was general agreement that Mahon needed more retail space and that this should probably comprise a district centre consisting of a supermarket and a number of shops to serve the local catchment area.
The developers proposed however a shopping centre that would be almost twice the size of Douglas Court, including its proposed extension, and about 1½ times the size of Wilton, Cork's other major out-of-town shopping centre.
Those who appealed against Cork City Council's decision to approve the Mahon Point scheme, which also includes offices, a hotel and trade centre, included the owners of the Douglas Court shopping centre and RGDATA, representing independent retailers.
The inspector noted that the Cork Area Strategic Plan 2001- 2020, which he regarded as "the key document" in terms of assessing the proposed development, did not include Mahon Point as a preferred location for a major retail-based scheme. Although Mr Wyse concluded the O'Callaghan Properties scheme could not be struck down on traffic grounds, he did uphold the appellants' arguments against it in the context of retail planning guidelines and sustainable development policy.
An Bord Pleanála's decision to approve it comes just two years after it overturned Cork County Council's decision to grant permission for another large shopping centre at Eastgate, on Little Island, for reasons similar to its inspector's recommendation on Mahon Point.
In the Eastgate case, the board ruled that O'Flynn Construction's proposal did not take sufficient account of the 1998 ministerial policy directive on shopping and public policy on sustainable development, as well as its likely adverse impact on traffic on the N25.
The appeals board ruling on Mahon Point effectively brings an end to Cork's "battle of the shopping centres", handing a trump card to Mr Owen O'Callaghan, whose previous developments include the controversial Liffey Valley shopping centre in west Dublin.