A MAPPING error that led to a developer’s land being rezoned from residential to amenity use means the rezoning decision will have to be reconsidered, a High Court judge ruled yesterday.
McCaughey Developments Ltd was deprived of fair procedures when Dundalk Town Council voted to change the zoning of 10.85 acres at Lower Point Road from residential to recreation, amenity and open space, Mr Justice John Hedigan said.
He said such a down-zoning would dramatically affect the development potential and value of the land.
McCaugheys paid €1.7 million to the Dundalk Port Company when they bought the lands from it in 2006 with the residential zoning.
Mr Justice Hedigan found an injustice had been done to the company arising from the circumstances that led to the change of zoning on November 17th, 2009.
While this was originally the result of a mapping error by the council, that mistake was quickly realised, an attempt was made to rectify it and no criticism could be made of the council officials, he noted.
He also could not criticise the elected members of the council because they had voted on the basis of the information before them. He directed that the matter be sent back to the councillors to allow them reconsider it with all relevant information put before them.
His ruling does not affect the remainder of the Dundalk and Environs Development Plan 2009-2015 under which the decision was made.
The mapping error in the draft plan was discovered in July 2009 by Martin McCaughey, managing director of McCaugheys.
Officials agreed immediately a mistake had been made, but told Mr McCaughey a submission would have to be made to restore the residential zoning before the draft plan came back before councillors.
Mr McCaughey made a detailed submission, and at meetings of Dundalk Town Council and Louth County Council on September 15th and 22nd, 2008, the residential zoning was restored.
The town clerk and a local councillor rang Mr McCaughey to tell him of that decision and Mr McCaughey understood this was the end of the matter and took no further steps to protect the residential zoning by making further submissions.
It was not the end of the matter because a further period of public consultation and another vote was required as part of the development plan review process, the judge said.
When the revised draft plan came before councillors in November 2009, the only submissions were from 24 members of the public who all opposed changing the zoning back to residential and the councillors voted to change the zoning to recreation, amentity and open space.
It was not until March 2010 that Mr McCaughey became aware of this and instituted High Court proceedings.
Mr Justice Hedigan said McCaugheys had been deprived of a crucial opportunity to make a case to restore the residential zoning.
The unfairness of this concerned the court particularly where McCaugheys had bought a strip of land for €155,000 from the council to facilitate access to the 10 acres and had also built an all-weather pitch for a local football club affected by the land sale at a cost of €350,000.
The judge said these were matters which councillors did not get to consider, and, while it could be argued Mr McCaughey should have been more attentive,the circumstances of this case were somewhat unusual as there seemed to have been an assurance from the council the mistake had been rectified.