THE "objective judgment" of the Wicklow County Manager and Bray Urban District Council planning officials was questioned by the special adviser to the Minister for the Environment yesterday.
Dr Tim Collins, who is also a Labour Party member of Bray IUDC, was speaking at an oral bearing by An Bord Pleanala in Bray. The appeal is against planning permission for a shopping and residential development estimated to cost £20 million, in the centre of the town.
Dr Collins claimed there was "a lack of proper separation between the Council and Noonan Developments Ltd. He said planning officials assisted the development company in the assembly of the site and that the initial submissions by the developer carried both the crests of both Bray UDC and of Newland Developments.
"I believe that the manager and his officials in this particular case have been seriously misguided and the reason why we're here today is because of a litany of boor decisions and questionable judgments."
Dr Collins said that over some years he had found all officials without exception to be capable and honest. He added: "I would like it understood that anything which we have said or which I may say here today should not be taken under any circumstances to undermine the integrity of these officials and their commitment as public officials."
But Dr Collins claimed that because of a "lack of objectivity" by the county manager and his officials, several fundamental points about the Noonan planning application were not considered, and the planning authority chose to ignore a number of planning issues.
He particularly questioned the action of officials in approaching nuns of the Loreto Order in December 1993 to ask them to sell part of their convent lands.
Dr Collins, with three other Bray UDC councillors Mr Noel Keyes and Mr David Grant, both of Fianna Fail, and Ms Brid Collins of Fine Gael - and others are appealing a Bray UDC decision in October last year to grant permission for 156 residential units on a 17 acre site at St Cronan's, Emmet Park and Loreto Convent.
They also object to the decision to approve the creation of an 85,573 square foot single storey complex and a 423 space car park at nearby Bray Emmets GAA ground. The hearing is presided over by Mr James Carroll, a Bord Pleanala senior inspector.
Dr Collins said he believed the Noonan development also contravened the Town Development Plan, but councillors had been denied the right to vote on the issue.
As councillors, they recognised the separation of powers between elected members and officials. The county manager had both the right and the responsibility to determine planning applications.
"But on this occasion we believe that he has overstepped the mark and made a determination on an issue which would have been more proper for councillors to decide on. We view this issue of the denial of our democratic rights very seriously and that is why we took the unusual step of appealing this decision by, our own authority to the board.
Mr Dermot Kelly, a town planner, said the permission would result in "a serious deterioration" in the town's trade, tourism and green space amenities. He represents Bray Residents' Action Group, an umbrella body representing teachers, residents and traders who collected some 4,000 signatures opposing the development.
Mr Kelly added that the town just could not cope with the imposition of another giant Cornellscourt type shopping centre.
A new link road for the development would have serious health and safety effects and would be devastating for some 3,000 schoolchildren at four local schools.
He said that controlled rock blasting might be necessary and would have serious environmental consequences for St Patrick's and St Thomas's schools. Up to 11 trees, some of them oaks, would need to be felled, but there could be more at the construction stage.
The appeal continues today.