Jackson Way seeks damages from Bord Gais

 

Bord Gáis is the latest public body to face a compensation claim from the controversial English company, Jackson Way Properties.

The company, which is under investigation by the Flood tribunal and the Criminal Assets Bureau, is seeking compensation for a gas pipeline put through its lands at Carrickmines in south Dublin several years ago.

An arbitration hearing is under way into the company's claim for €47 million in compensation from Dún Laoghaire/Rath- down County Council for part of its lands compulsorily acquired for the South-Eastern motorway.

However, Bord Gáis also traversed Jackson Way's land for a distance of 1.2 km when laying the Leopardstown to Bray gas pipeline in 1998.

A board spokeswoman said no money had been paid out, but an arbitration hearing into the matter was due.

While Bord Gáis believes the amount of compensation due is relatively small - about €75,000 - it is probable the company will seek significantly more. In its dispute with the county council, it is seeking more than six times the amount the council is offering.Over seven acres of Jackson Way land have been sterilised as a result of the laying of power, gas and sewer lines across the property.

Meanwhile, members of Dún Laoghaire/Rathdown county council were due last night to debate a Labour proposal to rezone all the Jackson Way land to agricultural. However, it is thought this item on the agenda will not be reached until next week's meeting.

Councillors voted by 13 votes to 11 to rezone 36 acres of the company's land to the north of the motorway in December 1997. The Flood tribunal is investigating this and earlier attempts to rezone the land during the 1990s.

Full hearings into the first unsuccessful attempt to rezone the land when it was owned by Paisley Park Investments are due to begin at the end of this month.

According to council minutes seen by The Irish Times, a motion to rezone all 108 acres at Carrickmines for industrial use was proposed by Cllr Don Lydon of Fianna Fáil and seconded by Cllr Tom Hand of Fine Gael in June 1992.

The county manager advised against the rezoning, on the grounds of the isolated location of the lands and access difficulties. To provide industrial access would require a junction on the motorway, which would not be warranted, he said.

Even if direct access could be provided on to the Glenamuck Road, it would be "unacceptable" because this road was substandard and because of the amount of traffic the development would generate.

However, in the plans for the motorway currently under construction, the road has been upgraded and a roundabout provided. Archaeologists have found that the remains of Carrickmines Castle extend under the motorway and Glenamuck roundabout, and conservationists have called for their preservation.

The 1992 motion was defeated by 26 votes to 24. Those who voted for the motion were: Cathal Boland (FF); Peter Brady (FG); Seamus Brock (FF); Liam Cosgrave (FG); Michael Joe Cosgrave (FG); Liam Creaven (FF); Ann Devitt (FG); Margaret Farrell (FF); Tony Fox (FF); Cyril Gallagher (FF); Seán Gilbride (FF); Tom Hand (FG); Michael Kennedy (FF); Jack Larkin (FF); Don Lydon (FF); Marion McGennis (FF); Colm McGrath (FF); Trevor Matthews (FF); Charlie O'Connor (FF); Ann Ormonde (FF); Nora Owen (FG); Therese Ridge (FG); Ned Ryan (FF); and G.V. Wright (FF).

Those who voted against were: Seán Barrett (FG); Niamh Bhreathnach (Lab); C Breathnach; Frank Buckley (Lab); Joan Burton (Lab); Larry Butler (FF); Breda Cass (PD); Betty Coffey (FF); J Dockrell; Eithne Fitzgerald (Lab); Eamon Gilmore (DL); L Gordon; Finbar Hanrahan (FF); D Healy; J Higgins; Helen Keogh (PD); Stanley Laing; Larry Lohan; Paddy Madigan (FF); J Maher; Donal Marren (FG); Olivia Mitchell (FG); Denis O'Callaghan (Lab); C Quinn; B Reeves; F Smyth (Lab).