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

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501 process going on within the planning department itself to ascertain whether or2 not the project is one which would receive their support; isn't that right?3 You're aware of that procedure? Let me put it another way, Mr. Tiernan. The4 council when it sits as a council to consider the matter, is not going to5 consider it solely on the basis of your architect's submission as to the merits6 and the commentary of other parties in objection. It also listens to the7 views of the council officials themselves as expressed through the manager;8 isn't that right?9 A. Yes, I would think so, yes. I'm sure that is --10 Q. 262 And the manager, in effect, collates the various reports and views of the11 departments under his control, Roads, Sanitary Services, Planning Department,12 etc. and presents all of those reports in a format where it can be discussed by13 the body of the council members; isn't that right?14 A. That is right.15 Q. 263 And we'll see by reference to the minutes of these various meetings, the16 occasions upon which the council considered the application which was being17 proposed by the councillors who had originally advanced the Section 4 motion.18 The first minute that we will look at is at page 975, which records a meeting19 of the County Council on the 12th of March of 1990.2021 It refers to the application itself. It goes on to report as follows:22 "Report register reference 90A/61 refers to the application for planning23 permission for development described as incorporating 472 houses, 5 shop units,24 etc. The application was received by the planning authority on the 12th of25 January 1990. The site is located in the County Development Plan with the26 objective to provide for the development of agriculture. A notice of the27 proposed resolution pursuant to Section 4 was submitted by the councillors on28 the 17th of January of 1990. This motion sought to direct that a decision be29 made to grant planning permission for the proposed development. As the30 proposal would be a material contravention of the County Development Plan anPremier Captioning & Realtime Limitedwww.pcr.ie Day 564
511 order was made as required by law, directing the procedures required prior to2 considering making a decision to grant permission be initiated.34 Notice of the council's intention appeared in the Irish press on the 14th of5 February 1990. Since that date a considerable number of representations have6 been received. Some in favour of the proposal and a number against the7 proposal. Copies of these representations received up to and including Friday8 9th of March have been circulated separately at this meeting, the originals of9 these representations are available for inspection.1011 The area is located south and west of area zoned for development in the current12 Development Plan. Areas adjoining further west and south are not so zoned,13 and the site is currently in agricultural use. It is fronted by county roads,14 which would be substandard. In the context of the kind of development15 proposed. It is outside the designated catchment area for drainage services16 and if the development were to take place, the drainage capacity so used would17 not be available for other lands already zoned for development. It is18 proposed to take the foul and surface water services by crossing existing19 developed open space, that is Grifeen Park. No arrangements have been made20 for wayleaves for the crossing of this land which would cause serious21 disruption to the park.2223 The road's engineer reports that a consideration has been given to granting24 permission "the section of the development being served by access from Old25 Esker Lane should be the subject of a separate application as it is premature,26 as the road network in the area has not been finalised. He further reports27 regarding the remainder of the site that he would require.2829 1. Adequate setback of road 11 from the improved Newcastle Road alignment to30 provide adequately for turning movements. It should be noted that this willPremier 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 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: 491 Esker parish which already has
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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