Dublin City Council is set to defend the "de-zoning" of residential land in Raheny despite Chief Executive Owen Keegan advising against the move during the drafting of the city's Development Plan.
The 17-acre site beside St Anne's Park in Raheny features a number of playing pitches and had been the subject of planning applications for 580 apartments and a 100 bed nursing home on the site. Councillors from the North Central Area Committee argued the site should be zoned for open use to protect the pitches and light bellied brent geese that migrate to the area in a motion to the Development Plan.
Councillors voted to zone the land for open space last November which ruled out any housing developments. Developer Pat Crean, who's development company Marlet owns the site and planned to develop housing on it, threatened to sue DCC over the motion to re-zone the land.
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Mr Creann warned the legal proceedings would "cost the taxpayer hundreds of thousands of euros in legal costs" in an email to councillors. Law Agent for the Council Yvonne Kelly said the local authority plans to "fully defend" the challenge to the Development Plan.
The memo to Councillors reads: "The Council intends to fully defend this challenge to the Development Plan." A briefing on the legal challenge to the Development Plan will be given to Councillors by Senior Counsel Stephen Dodd.
Formal authorisation from councillors to to defend the Judicial Review will be sought at the meeting. The memo also noted two other legal challenges to the Development Plan which are still at a premlimmnaery stage.
The memo added: "There are two further legal challenges to the Development Plan of which I am aware. They have not yet been granted leave by the Court to judicially review the Development Plan.
"You will be notified in due course of those further proceedings and legal briefings will be arranged as was done on the last occasion when the Development Plan was challenged in 2011."
Council boss Owen Keegan advised at the time of the Development Plan that the land be partially zone for housing which would allow for a development. Mr Crean wrote in his letter threatening legal action that it was "disappointing" councillors "ignored" advice from Chief Executive Owen Keegan and submissions from Marlet.
Mr Crean wrote: "The proposed redevelopment of the site includes 5.16 acres of public open space, 4.42 acres of which is laid out in six playing pitches, which is to be taken in charge by DCC. We have data (following detailed surveys since we acquired the site) that proves beyond doubt that the development site is not important as a feeding area for Brent Geese."
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