COUNCIL APPROVAL NOT SOUGHT ON CARRICKMINES CASE - HUMPHREYS
Issued : Thursday 17 June, 2010
Cllr Richard Humphreys, the Labour Party Councillor for the Stillorgan Ward, has expressed concern that the Manager has been conducting the defence of High Court proceedings regarding the Development Plan without having the express approval of the elected members of Dun Laoghaire-Rathdown Council.
“On 4 May, a company called Tristor Ltd, the developers behind the flawed Carrickmines District Centre proposal, issued an application for leave to bring judicial review against the Council, the Minister and the State, challenging the process involved in making the Dun Laoghaire-Rathdown Development Plan” Humphreys said.
“The case centres on the fact that the developers were thwarted in their flawed proposal for excessive retail at Carrickmines by a ministerial directive to remove the proposal, which was accepted by the Council.”
“This case was not notified to the members at the next meeting of the Council on 10 May. Without the involvement of the members, the Manager instructed counsel, defended the proceedings and arranged for filing of affidavits and intended statements of opposition in early June. When the matter was first notified to members at the annual meeting on 14 June, the Deputy Manager stated that this was only “for information” and “for noting”.”
“The Local Government Act 2001 (section 153(2)) is very clear that in conducting proceedings involving a reserved function, the Manager must act with the “express authorisation” of the elected members. So far, this express authorisation has not been sought by the Manager. A report has been presented for information and noting only, not for approval, and well after the defence of the proceedings has begun and after the stance of the Manager has been outlined to the Court.”
“I am concerned that the Manager has not sought the specific approval of the Councillors regarding the defence of this case. I believe this may not be in conformity with the legislation and may jeopardise the defence of these proceedings. As it is now clear that the approval of the members was not sought, I am concerned that it may be open to the developers to seek to strike out any affidavits filed by the Manager on the grounds that the Act has not been complied with. In my view the correct course is for the Manager to now seek the express approval of the members for the defence of these proceedings.” Humphreys said.
Ends
Cllr 
