Cllr seeks judicial review where ABP ‘improprieties’ found

A Cavan County Councillor is demanding that judicial reviews be permitted in cases ruled upon by An Bord Pleanála, where alleged “improprieties” are subsequently found to have taken place.

Aontú’s Sarah O’Reilly tabled the motion at the recent monthly meeting of Cavan County Council “in light of the current investigations, resignations and following further revelations” with regard to the national planning authority.

“I do not want to say too much that may jeopardise a live investigation,” said Cllr O’Reilly, who highlighted three specific cases with regard to the erection of telecommunication structures, masts and monopoles in the towns of Kingscourt, Killeshandra and Ballyjamesduff.

In all three cases, she says the applications were refused planning permission by Cavan County Council.

The decisions were later appealed to An Bord Pleanála, where despite the board’s own inspectors finding with the council, the Board itself overturned the rulings and granted permission.

In the case of permission granted in respect of the Eir Exchange, at Railway Road, Killeshandra, the planning authority’s former deputy chairman Paul Hyde signed off on the decision. The ruling stated that the development, subject to conditions, “would achieve the objectives” set out in National Policy and the Cavan County Development Plan 2014-2020.

It was deemed also that the proposed structure would “not seriously injure” the visual or residential amenity of the local area.

The Minister for Housing, Darragh O’Brien, commissioned a report on Mr Hyde by senior counsel Remy Farrell and has sent the completed report to the Director of Public Prosecutions, Garda Commissioner Drew Harris and the Standards in Public Office Commission.

Mr Hyde has always denied any wrongdoing.

Cllr O’Reilly pointed out that the sole means by which planning board decisions “can be overturned” is via the process of judicial review. Judicial review for planning matters must issue within an eight-week time period. This time limit may be extended on application to the courts.

Her motion states that, having regard the allegations of “conflict of interests” within An Bord Pleanála, that the Minister “introduce legislation” whereby “possibly flawed decisions” may now be brought to the High Court for judicial review, notwithstanding that such reviews “would be normally outside the timescales for review, as currently set out in the Rules of the High Court.”

Cllr O’Reilly stated to the meeting that “if any improprieties are found, it would be only right and just that campaign groups and individuals who have dedicated so much time and energy to their cause, can request a judicial review of their case.”

Her motion was seconded by Fianna Fáil’s Clifford Kelly, who said that there was a “major problem” in his own area of Kingscourt where, after a mast had been erected, many local homes were left without a television signal.

When they contacted Eircom, he said they were quoted a sum of €140 in order to provide a solution to the situation.

He too asked that the council write to Eircom, asking that they waive such costs for homes affected.

Cllr O’Reilly supported her council colleague’s motion in kind. Cathaoirleach of Cavan County Council commended both elected members for the manner in which they had raised the subject “without straying” into territory that might jeopardise any potential investigation ongoing.

Director of Services, Brendan Jennings, shared the same sentiment, adding that the council’s executive “awaits the outcome” of same.