The Department of the Marine and Natural Resources has found the £20 million State marina at Dun Laoghaire, Co Dublin, to be in breach of its foreshore lease.
However, the breach is "marginal" and the Minister for the Marine, Mr Fahey, will open it formally on June 7th, according to a spokesman.
Dun Laoghaire-Rathdown County Council says it is still investigating whether the marina is in breach of planning permission, which is separate to the foreshore lease.
The Department's engineering staff surveyed the marina, the first phase of which is already in use, and confirmed the western end of three berthing areas extended between 12 and 15 feet beyond the terms of the foreshore lease.
The survey was carried out after a complaint by Mr John O'Connor, a member of the Royal Irish Yacht Club but acting in a personal capacity. An unpublished survey carried out last year for the club by a town planning consultant, Mr Enda Conway, a retired chief planner with South Dublin County Council, found that the marina pontoons and jetties extended 30 metres further west than approved by An Bord Pleanala.
The Department intends to have discussions with the Dun Laoghaire Harbour Company which may involve a technical amendment to the foreshore lease. It says the "most logical explanation" for the discrepancies is that slight inaccuracies crept in during copying of architectural drawings.
The county council said yesterday the foreshore lease and planning permission were two separate procedures, but it would be examining any evidence from the Department of the Marine and Natural Resources. However Progressive Democrats councillor Mr Victor Boyhan said he was disturbed by the apparent irregularities, given that ordinary citizens had to comply with most detailed planning regulations.
The harbour company told The Irish Times earlier this month it was fully satisfied that the construction complied with planning permission and the terms of the foreshore licence. It was unavailable for comment yesterday.
