Rezoning of land cost taxpayer

The rezoning of property owned by the controversial English company, Jackson Way, cost the taxpayer money by increasing the value of land that had to be acquired for the south-eastern motorway, the Flood tribunal has heard.

Six motions were submitted by Dun Laoghaire-Rathdown councillors in 1997 to have the Jackson Way property and a neighbouring holding owned by Brian O'Halloran, Gerard Kilcoyne and Austin Darragh in Carrickmines rezoned.

One of these motions succeeded, resulting in the rezoning for industrial use of a portion of the land owned by the two interests.

The county manager had advised against any rezoning because the motorway, which is to cut through the Jackson Way lands, had not been built and because of a lack of suitable access and services.

However, Mr Richard Cremins, a senior planner with the council, told the tribunal yesterday it was neither necessary nor prudent for councillors to zone land affected by the line of the proposed motorway, when part of this land had yet to be acquired for construction of the highway.

This was especially so, he said, when the lands in question would not be developed during the period of the five-year plan because the motorway was not in place.

The effect of the change in zoning was to increase the value of the land that would have to be acquired for the motorway.

He pointed out that development plans could be, and were, varied during their lifetime when circumstances required this. But this had not been demanded.

In 1998 Jackson Way accused planners of "misleading" councillors after another attempt to have its land rezoned was rejected.

The company threatened legal action after claiming councillors were wrongly briefed about the topography of the land and its access to services.

Mr Cremins said the proposals by private land-owners in Carrickmines to have their property rezoned for industrial use would result in a "sub-optimal final result". The council's view was that sufficient industrially zoned land was already available.

It could see the benefit of replicating the success of the Sandyford Industrial Estate, which was developed and owned by the council, but the proposals for development by private land-owners would result in "a piecemeal approach".

With regard to land for housing, Mr Cremins said that at this time in 1997, about 10 years' worth of housing land had already been rezoned.

Last year the council estimated it still had enough housing land to last until 2006, even at increased rates of construction. The council's residential zoned landbank remains largely undeveloped, and less than half of the industrial land available has been developed.

The tribunal also heard that a solicitor, Mr Kevin Smith, sought to have 11 acres of land at Carrickmines rezoned in 1997.

A motion to rezone the Smith lands was proposed by Cllr Don Lydon and seconded by Cllr Larry Butler at a meeting of the council in January 1998. It was defeated on a show of hands.

Mr Cremins said he did not know why the motion had been dealt with in that way. At the start of the development plan, it had been decided that zoning motions should be dealt with by roll-call.

The witness agreed with Mr David Burke, for Cllr Liam Cosgrave, that there was nothing suspicious per se if a councillor did not follow the lead of the county manager on a zoning matter.

He agreed with Mr Burke that a councillor with experience in national and local politics and who had a degree in law would be able to bring his own skill to bear in planning matters.