The Flood tribunal yesterday heard evidence from its own solicitor, Ms Maire-Anne Howard, in connection with the crucial question of ownership of land at Ballymun, Donabate, Balgriffin and Portmarnock, Co Dublin.
The identification of these lands was called for in the tribunal's terms of reference, which refer to a letter from Mr Michael Bailey, of Bovale Developments, dated June 8th, 1989, to Mr James Gogarty, representing the Murphy land companies, and scheduling the following six lots.
Lot 1: 100 acres approx. at North Road, Finglas, "including Barrett's land.
Lot 2: comprising 12 acres approx. at Jamestown Road, Finglas.
Lot 3: comprising 100 acres approx. at Poppintree, Ballymun.
Lot 4: 255 acres approx. at Donabate (Turvey House and Beaverton House).
Lot 5: 255 acres approx. at Balgriffin.
Lot 6: nine acres approx. at Portmarnock.
The amended terms of reference called for the establishment of the beneficial ownership of the lands at June 8th, 1989, as well as the changes in beneficial ownership since that date prior to their development.
Mr Bailey, in his letter, as published in the tribunal's terms of reference, had set down two alternative proposals for Mr Gogarty to consider. The first was for the outright purchase of the lands. Lots 1, 2 and 3 were to be bought for £4,000 an acre, lot 4 for £1 million, and lot 5 for £750,000, with a two-year option on lot 6's nine acres at £30,000 per acre.
The alternative was a proposed participation proposal. "As an alternative to the outright purchase proposal above I am prepared to deal with lots 1 to 5 (inclusive) above on the basis that I would be given 50 per cent share in the ownership of the said lands in exchange for procuring planning permission and building by-law approval."
Ms Howard's investigations for the tribunal revealed that the 700-plus acres were acquired by Bovale. Lot 1, part of which was sold to Dublin County Council for the new M50 motorway, remained undeveloped. Similarly, lot 3 remained undeveloped except for a portion of land ceded to the council to facilitate the M50. In both cases land was "ceded back" by the council to Bovale after completion of the motorway.
Ownership of a significant part of lot 4 was transferred to Breton Properties (not a Bailey-linked company) which developed a golf course. Of the remainder of the land owned by Bovale, only 24 acres had so far been developed. These developments related to lot 2, which forms a sizeable part of the 15-acre Mygan business park at Jamestown Road, Finglas, and the nine-acre Dal Riada housing estate at Portmarnock.
Ms Howard's evidence had obviated the need to call an additional eight witnesses, said Mr John Gallagher SC, for the tribunal. She had secured the agreement of all the parties in relation to her statement.
The tribunal would now hear certain evidence in private, said Mr Gallagher. This is expected to last for the rest of the week, and there is no indication when public hearings will resume.
Various modules to be dealt with in public session will include the zoning and planning history of lots 1 to 6. This evidence will be given by Ms Sinead Collins, former administrative officer of Fingal County Council.
There is also to be a module dealing with issues arising from the zoning of lots 1 to 6 and another in relation to the zoning of lands in west Dublin. Yet another module will deal with matters relating to Mr George Redmond and another relating to Mr Ray Burke.
"The evidence will not necessarily be called in the order I have indicated," said Mr Gallagher.