LANDOWNERS and property interests expecting to make millions from the rezoning of 139 acres of land in Co Kildare have had their hopes dashed by a High Court decision yesterday quashing a local development plan.
The court quashed the local plan for Clane, which threatened to treble its population, because it was adopted eight days after the expiry of a ministerial order giving Kildare County Council a deadline to review its overall county plan.
The judicial review was not contested by the county council or the Department of the Environment. As a result of the ruling, all of the land rezonings adopted in the Clane area are void.
Mr Emmet Stagg, Minister of State at the Department of Energy and local Labour Party deputy said the decision would also nullify rezonings in Kill and Leixlip because they, too, were adopted out of time. "It means they have to go back to the drawing board".
The court ruling would have the same effect even beyond the boundaries of Co Kildare, in every case where a similar ministerial order had expired such as the controversial rezoning of Glending Wood, near Blessington, Co Wicklow, for a quarry.
Mr Stagg welcomed the court decision, which he described as a "major victory" for the Clane Committee Against Excessive Rezoning. "It means that the councillors will have to stay within the law".
The ruling was also welcomed by North Kildare Alliance for Better Planning, representing local community groups, as a "land mark decision" with implications for all the towns affected by the recent spate of land rezoning.
The alliance pointed out that Clane was one of the fastest growing towns in Ireland, having seen its population increase by 67 per cent between 1991 and 1996. The plan deemed illegal yesterday would have trebled its size to over 11,000 within the next five years.
"A coalition of Fianna Fail, Fine Gael and Progressive Democrat councillors pushed through the rezonings in the face of opposition from 97 percent of the population of Clane and against the advice of the county's professional planners," it said in a statement.
Residents of Kilcock - also threatened with a three fold increase in its population as a result of excessive rezoning - voted two to one against what the councillors had in mind. Widespread concern was also expressed in Maynooth, Celbridge, Johnstown, Kill and Leixlip. The alliance said Kildare County Council should make a statement on the status of the Kill and Leixlip plans in the light of yesterday's court ruling. It also urged the Minister for the Environment, Mr Howlin, to use his powers to force the councillors to restore the status quo.
It is understood that the alliance intends to make land rezoning a general election issue in the new three seat constituency of North Kildare.
"Eight Fianna Fail councillors have been involved in these votes and seven Fine Gael councillors," said an alliance member. "We can't get at them until the local elections in 1999, but we can get at their candidates in the general election later this year.
Unless it receives firm assurances on land rezoning from the two main parties, it is believed that the alliance is considering the possibility of running its own candidate or throwing its weight behind those with a good record on the issue, such as Cllr Catherine Murphy (DL).
