3 4 CHAIRMAN: Good morning Mr. O'Neill. 5 - The Tribunal of ...

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321 A. Well I became aware of that for the first time here.2 Q. 168 Of course. How frequently do you think you discussed the matter with3 Mr. Lawlor in the first three months or so of the period of your acquisition,4 that is between November and the end of January of 1990?5 A. I would say two or three times.6 Q. 169 And of course at that time you had already, with your architect Mr. O'Connor,7 dealt with the Sanitary Services Department; isn't that right?8 A. Yes.9 Q. 170 And you were also aware of the contractual conditions in the contract, which10 obliged you to make available the infrastructure which you would construct on11 the site to the 60 acres to the west of the land; isn't that right?12 A. Well it was the diameter of the pipe that was my responsibility.13 Q. 171 Whilst that is certainly so. The pipe work was being contracted for on the14 basis that that pipe work would allow for the connection to 60 acres west of15 the land, it specifically dealt with that in the contract?16 A. Yes, that was referred to 60 acres I think. But indeed it would cope with17 much, much more.18 Q. 172 Whilst it may well indeed do so. The lands that were to the west of19 Coolamber, were the lands of Mr. Lawlor and the lands of Finnstown House20 immediately below it; isn't that right?21 A. That is right.22 Q. 173 Well did you ever indicate to Mr. Lawlor, because presumably he wasn't aware of23 the finer detail of the contract under which you were to acquire the land, did24 you ever indicate to him that one of the conditions of the contract under which25 you acquired the land was that he ultimately, or probably immediately, would be26 the beneficiary of any planning that you would successfully obtain on the lands27 because you were obliged to provide a pipe work that -- a pipe network28 infrastructure which was specifically designated to serve 60 acres to the west29 of your lands which involved also his lands?30 A. I would say I did.Premier Captioning & Realtime Limitedwww.pcr.ie Day 564
331 Q. 174 Right. And did he indicate to you what his view on that would be and why it2 was that that was inserted in any contract?3 A. I don't recall he saying he was delighted or negative. I myself could see the4 merit of it from the local authorities point of view in larger pipes going in5 if they're being laid at all. He did not say to me "Tiernan, I hope I do6 benefit". That's him.7 Q. 175 Sure.8 A. I don't recall.9 Q. 176 Whilst you refer to the fact that this would be of benefit to the local10 authority, Mr. Tiernan, that would only be upon the assumption that the pipe11 work infrastructure was going to come into public ownership; isn't that right?12 It would only benefit the local authority if the pipe work infrastructure was a13 public sewer; isn't that right?14 A. Yes.15 Q. 177 In the other hand you knew from the contract you had signed, that you were16 expressly precluded from allowing this to become a public sewer; isn't that so?17 A. Yes.18 Q. 178 It was designed, specifically, to benefit the private interest of the persons19 who retained the ownership in the Coolamber subsoil after you bought the land20 itself; isn't that right?21 A. That's right.22 Q. 179 So there could be no benefit to the local authority, though there definitely23 could be a benefit to the individual private promoters of any scheme which24 would develop the 60 acres; isn't that right?25 A. That's right.26 Q. 180 And did that lead you to believe that Mr. Lawlor was going to have to either27 (A) deal with the owners of Coolamber, who would have this right to control28 effectively the drainage of his lands or possibly that he was one and the same29 as the vendors of the lands to you?30 A. That thought crossed my mind.Premier Captioning & Realtime Limitedwww.pcr.ie Day 564
Page 1 and 2: 11 THE TRIBUNAL RESUMED AS FOLLOWS
Page 3 and 4: 31 of October 1994 where you say, "
Page 5 and 6: 51 to you that you had been involve
Page 7 and 8: 71 A. Could I see it again, please?
Page 9 and 10: 91 Mr. Goodman out of his just dese
Page 11 and 12: 111 A. Well I'm just not too sure a
Page 13: 131 Q. 62 Yes.2 A. And that it woul
Page 17 and 18: 171 20 pounds in fees to the land r
Page 19 and 20: 191 Q. 91 Are you saying there was
Page 21 and 22: 211 lands?2 A. The plan forward was
Page 23 and 24: 231 Lawlor lived beside it. And I w
Page 25 and 26: 251 advancing his claim to recover
Page 27 and 28: 271 Q. 133 And as much as can be in
Page 29 and 30: 291 second or third time I discusse
Page 31: 311 meeting. But he actually told m
Page 35 and 36: 351 Holdings being the company whic
Page 37 and 38: 371 MR. O'NEILL: Mr. Tiernan, pleas
Page 39 and 40: 391 preferences were clearly Fine G
Page 41 and 42: 411 A. I don't remember it now.2 Q.
Page 43 and 44: 431 motion and we'll see that once
Page 45 and 46: 451 excluded the house and its amen
Page 47 and 48: 471 Council in relation to possible
Page 49 and 50: 491 Esker parish which already has
Page 51 and 52: 511 order was made as required by l
Page 53 and 54: 531 Applicant has not provided suff
Page 55 and 56: 551 A. Very negative report.2 Q. 26
Page 57 and 58: 571 And then it goes on to say that
Page 59 and 60: 591 Q. 276 So that Mr. O'Connor's b
Page 61 and 62: 611 THE TRIBUNAL RESUMED AS FOLLOWS
Page 63 and 64: 631 to the zoning and infrastructur
Page 65 and 66: 651 the application in its entirety
Page 67 and 68: 671 A. Yes, okay. I didn't read it
Page 69 and 70: 691 Now, could I suggest to you tha
Page 71 and 72: 711 A. I might have attended some o
Page 73 and 74: 731 since consideration of the abov
Page 75 and 76: 751 illustrate a concern which was
Page 77 and 78: 771 unreasonable and perverse to be
Page 79 and 80: 791 Q. 332 That was granted subject
Page 81 and 82: 811 isn't that right?2 A. I know we
Page 83 and 84:
831 Mr. Caldwell about the possible
Page 85 and 86:
851 interest. I accept that I know
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871 I don't recall most of them.2 Q
Page 89 and 90:
891 you'd faxed this document, refe
Page 91 and 92:
911 hearing was to go on and to pre
Page 93 and 94:
931 pessimistic view which you expr
Page 95 and 96:
951 encouraged you to the belief th
Page 97 and 98:
971 Q. 418 So it's possible --2 A.
Page 99 and 100:
991 no matter what the value had be
Page 101 and 102:
1011 were under pressure on 25th?2
Page 103 and 104:
1031 Q. 464 You say that eventually
Page 105 and 106:
1051 A. No, Your Honour. My concern
Page 107 and 108:
1071 A. No, I didn't, genuinely, Yo
Page 109 and 110:
1091 Stenclas Kenny and Partners an
Page 111 and 112:
1111 A. I would have had dealings w
Page 113 and 114:
1131 A. That I'm not a hundred perc
Page 115 and 116:
1151 filling station, shops, medica
Page 117 and 118:
1171 drawn up for Finnstown Homes w
Page 119 and 120:
11912 MR. O'NEILL: I know that Mr.
Page 121 and 122:
1211 A. Yeah.2 Q. 539 And again, th
Page 123 and 124:
1231 as Coolamber.2 Q. 553 When you
Page 125 and 126:
1251 Q. 564 Would it have been your
Page 127 and 128:
1271 A. Yeah, the 1985 permission.2
Page 129 and 130:
1291 discussions with Gerry Kinley.
Page 131 and 132:
1311 invoice for land solely to do
Page 133 and 134:
1331 confirmation of most jobs you
Page 135 and 136:
1351 your letter to Mr. Kennedy, th
Page 137 and 138:
1371 involved in the Coolamber land
Page 139:
13912 JUDGE FAHERTY: You said you k
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3 4 CHAIRMAN: Good morning Mr. O'Neill. 5 - The Tribunal of ...

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