The following is the press release issued by the Kerry county manager, Mr Martin Nolan, on planning complaints. The full text of the Kerry County Council report is available on the Irish Times website: www.ireland.com
There is no evidence of any improper influence being brought to bear on planners in Kerry County Council. That's according to county manager Martin Nolan, who was commenting on the results of a number of investigations which have been carried out by the council.
Mr Nolan said the council has an excellent and committed staff, who are endeavouring to provide a range of efficient public services at a time of unprecedented pressure and growth. However, he said, a deficiency in the standard of conduct of a minority of staff was identified.
These investigations have been conducted as a result of complaints submitted to me by members of the public and as a result of concerns about the involvement of staff of the local authorities in Kerry in the preparation of planning applications. Mr Nolan said the Minister for the Environment and Local Government had also written to each county manager asking for an examination of the situation under their control.
As a result of these investigations, Mr Nolan said that procedures have been tightened up and a new staff code of conduct is being implemented. "We have tightened up procedures in validating planning applications to ensure we know precisely who has prepared the planning applications and planning drawings."
The new code of conduct will become operational from May 2001, after consultation with the unions involved. The code requires an officer who proposes to engage in any outside occupation to inform the county manager first. "It will then be my responsibility to determine whether the activity is permissible under the terms of the local government regulations," he said.
There were two main aspects to the investigations. The first related to complaints by members of the public against two members of staff. The second involved an examination of all planning applications in each of the four local authorities during 2000.
The outcome of the first investigation is that one officer has been suspended for a period of seven days and the other officer has received a warning and his probationary period has been extended.
This suspension follows a complaint relating to development work on lands owned by the officer for which planning permission had not been obtained. A second aspect of this complaint alleged the involvement of the officer in other planning applications to the council on lands allegedly owned by him. Following a detailed investigation and consideration of the circumstances, the officer is being suspended for seven days and is being reassigned to another position in Kerry County Council.
The second part of the investigation involved an examination of 4,177 planning applications received by Kerry County Council during 2000. This shows that 27 personnel from Kerry County Council had involvement in a total of 148 or 3.5 per cent of all planning applications. Some officers were involved in a very minor way in certifying percolation tests for septic tanks, some prepared drawings of houses and others provided a full service as agents. The applications prepared by staff members of Kerry County Council generally relate to smaller-scale development, mostly one-off rural houses or house extensions.
An examination of the 456 planning applications submitted to the urban district councils in Tralee, Killarney and Listowel was also completed. Mr Nolan said that he was pleased to report that the involvement of staff in preparation of planning applications in these authorities was minimal.
Two members of the planning staff of Kerry County Council were involved in one planning application in each case during 2000. In the first case, a technician carried out a percolation test on a septic tank and certified the test for the applicant, a neighbour. In the second case, an engineer in planning acted as agent, prepared drawings and carried out a percolation test and certified the test for an applicant, his brother.
As a result of the investigations into all planning applications received in the year 2000, disciplinary procedures are being taken. Warning notices are being issued to 24 of the staff involved. One officer who had received a previous warning is being suspended for seven days.