Judge rules `Spike' cannot proceed at present

Dublin Corporation cannot proceed for the present with construction of the proposed 400ft millennium monument in O'Connell Street…

Dublin Corporation cannot proceed for the present with construction of the proposed 400ft millennium monument in O'Connell Street, Dublin, the High Court ruled yesterday.

Because the corporation failed to adhere to correct procedures in the planning process, Mr Justice Thomas Smyth directed the entire process for construction must start again. The corporation has already spent some £600,000 on the project.

The judge quashed a decision of the corporation of March 1st to proceed with construction.

His ruling means additional delay and costs in constructing the new steel "Spike".

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The judge said he realised this was a very serious matter for the corporation and he gave liberty to both sides to mention the case at an early date yet to be agreed. In the light of his ruling, it is expected another High Court challenge to the planned monument, taken by Ms Mary Duniyva, sculptor and poet, of Windsor Road, Rathmines, based on similar grounds, is likely to be struck out.

In a reserved judgment Mr Justice Smyth upheld a challenge by an artist and retired school inspector, Mr Micheal O Nuallain (71), of Belgrave Square, Monkstown, to the process adopted for construction of the monument.

The judge agreed with Mr O Nuallain's claim that an Environmental Impact Statement (EIS) was required for the monument. No EIS was carried out.

"This bold beacon - which is to be the millennium monument - is intended to be erected in the middle of the principal street of the capital of the country, and is intended to affect, and is likely to have significant effects on, the environment," the judge held.

He also held that the decision (which he was satisfied was taken after announcement of the decision on the winning entry) on whether to proceed under Part 9 or Part 10 of the Local Government (Planning and Development) Regulations, 1994, should have been taken by the City Manager or a properly delegated person.

The decision to proceed under Part 10 (where no EIS was required) was in fact taken by Mr Dick Gleeson, of the corporation planning department.

Such a decision was a very important matter and not a simple routine administrative decision, he said. It had profound consequences.

There was no managerial order delegating any function which enabled Mr Gleeson to make that decision.

Part 9 and Part 10 of the 1994 regulations are rules governing any development conducted by a local authority itself.

Part 9 governs developments for which an EIS is required while Part 10 relates to developments not involving an EIS.

Also under Part 9, the decision on whether the development should proceed is taken by the Minister for the Environment and Local Government and not the local authority.

The judge also held the corporation had not complied with mandatory provisions requiring it to include "a copy of the plans and particulars of the proposed development made available for inspection by members of the public", in notices to prescribed bodies concerning the development.

Tim O'Brien adds:

Dublin Corporation is to consult its legal advisers about the High Court ruling yesterday on the millennium monument.

The £3 million structure, tapering to a light at its pinnacle, was designed by Mr Ian Ritchie, a London-based architect, and selected from more than 200 architectural submissions. Mr Ritchie was not at home when The Irish Times telephoned last night.

A spokeswoman said the news of the court decision had been communicated to them, but that it had not been fully considered as yet.

In Dublin, the corporation issued a statement that it was consulting its lawyers over the weekend and apart from expressing disappointment at the decision, the statement said no further comment would be made until the consultation had been completed.

However, sources last night said that that decision was unlikely to force the scheme to be abandoned.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times