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

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441 is writing the letter says "The effect of this order is that the motion2 submitted under Section 4 shall cease to have effect and that the planning3 application shall be processed in the manner provided under the Local4 Government Planning and Development Act when a proposal materially contravenes5 the council's plan."67 So that once the matter had come to the council management in the way in which8 it had as a proposal and once it was identified that to accede to a Section 49 motion would involve a material contravention, that triggered the procedure in10 the Local Government Planning and Development Act, which was obliged to be11 followed by the council. And amongst other matters, that involved the12 publication in the national newspapers of the council's intention to consider13 making a material contravention to the existing Development Plan for Dublin at14 the time. The purpose of that, I think you know Mr. Tiernan, was that a third15 party objectors, who wouldn't have been circularised with the application of or16 the proposal of the councillors, would learn, through the public advertisement17 procedure, of the fact that the council was considering such a proposal.18 A. Okay, I understand now.19 Q. 250 Okay. And that then allows the council to receive either letters of support20 or letters of complaint which might be considered subsequently at the meeting21 at which the procedure to allow for a material contravention would be22 considered; you understand that?23 A. I do.24 Q. 251 That's how it's done. And I think you were probably made aware of the fact25 that following upon the publication of this notice, there was an objection26 raised through the firm of Keane Murphy Duff, Chartered Architects, Designers27 and Project Managers on behalf of a Mr. Jackson who was the owner of Coolamber28 House and its surrounding lands; isn't that right?29 A. I remember that.30 Q. 252 Right. As we see from the plan, the initial acquisition of these landsPremier Captioning & Realtime Limitedwww.pcr.ie Day 564
451 excluded the house and its amenity lands. The persons who purchased the lands2 tendered only for lots 2 and 3, thereby leaving the house and its original3 lands as an island surrounded by the development with the exception of the4 Newcastle Road; isn't that right?5 A. Yes.6 Q. 253 And that individual, on learning of the intention to alter the status of the7 lands from agricultural to residential through a firm of chartered architects8 and designers and project managers lodged an objection with the Dublin County9 Council. We see that at page 961.1011 And here they say "We act only behalf of property owner JWR Jackson of12 Coolamber House, Lucan, whose property adjoins the proposed development as13 indicated in the enclosed map.1415 Our client objects to the proposed development and also objects in the16 strongest manner to the intention of Dublin County Council to consider granting17 permission for the proposed development", he recites what that is "our client18 strenuously object to the application on the following grounds:1920 1. The land is not properly zoned. The land is currently zone B, which is to21 protect and provide for the development of agriculture.2223 2. The develop is premature by reason of inadequate provision of sanitary24 services existing in the area.2526 3. The development is premature by reason of the inadequate provision of27 water services to the area.2829 4. The development is premature by preempting the proper and established30 procedure for a review of the Development Plan which is currently underwayPremier 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 and 32: 311 meeting. But he actually told m
Page 33 and 34: 331 Q. 174 Right. And did he indica
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: 431 motion and we'll see that once
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
Page 87 and 88: 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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