HUMPHREYS DISAPPOINTED AT “STUNT” ON CARRICKMINES RETAIL
Issued : Saturday 10 April, 2010
Cllr Richard Humphreys, the Labour Party Councillor for the Stillorgan Ward, has expressed disappointment with the “stunt” being carried out by a group of councillors who have submitted a motion to the Council meeting on Monday 12 April for a massive increase in retail provision at Carrickmines.
“This motion does not comply with planning law and is not compatible with proper planning and sustainable development” Humphreys said.
“The ink is barely dry on the County Development Plan when an attempt is being made to vary it for a huge increase in provision for retail in Carrickmines, from a maximum of 2,500 square metres (neighbourhood centre) to 20,000 square metres (district centre).”
“The Council was under a legal obligation to delete Carrickmines district centre from the draft development plan, as a result of a directive from Minister Gormley under section 31 of the Local Government Act 2001. Can it seriously be argued that the Council would be complying with this directive if the district centre idea was reintroduced a matter of days after the new plan comes into force?”
“In addition the Council is required by law to have regard to the Retail Strategy adopted by the Dublin Regional Authority. This motion contradicts that strategy which was democratically adopted.”
“For good measure, the proposers of this motion are seeking to emasculate future development at Cherrywood to “balance” the proposal at Carrickmines. To reverse engines on Cherrywood at this stage would impact adversely on the Council’s own interest in Cherrywood lands and that of Dunloe Ewart who have already threatened legal proceedings if this motion is progressed.”
“Apart from anything else the motion is legally flawed as it attempts to be a direction to the County Manager but such a direction can only relate to executive functions, whereas variation of a development plan is a reserved function. It is also contrary to the Council’s own standing orders which require a six month gap before any issue that has already been decided upon is revisited. I will be asking the Cathaoirleach to rule this motion out of order at tomorrow’s meeting” Humphreys said.
