Legal action over retail outlet centre
Cork county councillors this week voted overwhelmingly in favour of seeking a judicial review on the Government’s decision to halt plans for a retail outlet village in East Cork.
The vote, which was 46 to six in favour for the review, comes following a lengthy meeting held behind closed doors last Friday to discuss the taking of legal action against the Office of the Planning Regulator (OPR) and Minister for Local Government and Planning Peter Burke.
The majority of Cork county councillors feel that the OPR’s decision not to allow proposed plans for the €100 million retail outlet centre represents a significant undermining of the powers held by local authorities.
According to Cllr Patrick Gerard Murphy (FF), the OPR’s decision to stop the development is an affront to local democracy and a “grab for power” by central government.
“I have been a councillor now for over 13 years and I have seen the continuous erosion of our powers in that time,” said Cllr Murphy. He added that while the retail centre may be the issue at hand, the real issue is one of principle.
He said: “We are totally out of step with a lot of our European colleagues where local democracy is valued and seen as the best way to implement local policies that best serve the people we represent. Local democracy’s being seriously undermined and if they get away with this, God only knows what's next.”
Another major concern amongst councillors is that if Cork doesn’t secure the development, another local authority will step in.
According to developers Rioja Estates, the retail outlet centre, similar to the one in Kildare, would create approximately 850 jobs, with a further 600 for construction of the facility.
A small number of councillors were against the development from the start voicing environmental and economic concerns. Cllr Liam Quaide (GP) asked the council what sense there was in having a national planning regulator ensuring sustainable development if their decisions can be overturned by a group of local councillors.
He said that local democracy has to be subject to national and international agreements on environmental sustainability. “The council has responded to the obstruction of this development as if it were an emergency, when the real emergency here, among others, is climate change,” said Cllr Quaide.
A number of councillors also raised concern around the costs involved in taking legal action and suggested seeking support from other local authorities. However, Chief Executive Tim Lucey said Cork county was the only body affected and is not in a position to seek assistance elsewhere.
“The issues at play are specific to the process we've followed. There may well be wider matters that arise for the regulatory process, but it isn't a matter we should be seeking support from any other authority on,” said the Chief Executive.