An Taisce has warned councillors in Kerry they are "acting against the public interest" and are individually "liable" in voting through developments on major roadways where planners have advised against the development on the grounds of public safety or traffic hazard.
Should a traffic accident occur "related to vehicles entering and exiting developments" where councillors have insisted on going against the advice of planners warning of danger to public safety, the councillors are personally liable, and can be individually sued, Mr Ian Lumley, heritage officer with An Taisce, said.
"I can't understand why councillors should be so foolish to vote for Section 4 [now known as Section 140] or material contravention on a planning application on which there was a recommendation against the application on traffic safety grounds. Because by voting for such development they are voting against the public interest. They are voting for a traffic hazard and therefore would be exposed both legally and financially," Mr Lumley said.
The warning comes as An Taisce appeals a planning permission granted by councillors in Kerry in May concerning the N23, Killarney to Tralee Road, at Lisheenbawn, Farranfore.
Planners in Kerry County Council had recommended a refusal for the one-off house and entrance onto the national primary route as it would "endanger public safety by reason of traffic hazard," and be contrary to the county development plan.
In their submission to An Bord Pleanála, appealing the planning for the house, An Taisce said, "there are serious concerns already to be addressed with regard to the number of unplanned one-off houses already facilitated by Kerry County Council on this road."
Mr Michael Smith, chief executive of An Taisce, has also written to Mr Martin Nolan, the Kerry county manager, on foot of a successful An Taisce appeal to An Bord Pleanála in late May against a technology research park and financial service centre at Gortacollopa, Fossa, which had been approved by material contravention vote.
Mr Smith has also asked Mr Nolan to advise councillors that they are liable for the cost of traffic accidents relating to vehicles entering and exiting developments granted permissions on the basis of a zoning or variation of the development plan, a Section 4 motion, or a material contravention vote, when they have been advised in advance of the dangers to the public.
An Taisce's letter is expected to be circulated at Monday's meeting of the county council.