Councillors 'optimistic of positive outcome'
Athlone councillors John Dolan, Frankie Keena, Aengus O'Rourke and Paul Hogan have said they are “optimistic of a positive outcome” following on Monday's High Court hearing on the Lissywollen IPAS development.
The councillors' legal challenge was taken on planning and environmental grounds and last December, the State conceded the case and the since then the site has been regarded as an unauthorised development due to the Minister’s invalid Statutory Instrument (the means by which planning approval was granted for the project).
In a joint statement issued on Monday evening, the four councillors said: “Today’s hearing considered details of the judicial review, the State’s conceding of the case and the subsequent motion by the State for a stay on the development for a period of six months.”
The councillors said they are "optimistic of a positive result" that a stay will not be granted on what has already been conceded as an unlawful development.
During the course of the hearing, it was indicated by the State that 137 residents live in the temporary tented accommodation.
“It was argued that these residents could, and should, be moved into a better standard of accommodation without any difficulty,” the councillors said, arguing that expert planning and environmental opinion showed that there is a direct pathway between the site and a Special Area of Conservation. They said “there exists a real risk of pollution and damage to a number of environmentally protected areas, with species and habitats also at risk.”
The councillors said “from a humanitarian perspective, and while recognising the right to seek international protection” they believed that it is “not appropriate to ask people to stay in tented accommodation for another winter”.
“High winds, low winter temperatures along with wet and damp conditions have already presented problems for the residents accommodated there. On at least one occasion the residents had to be evacuated.
The councillors had previously outlined that the court was told the Government is preparing to draft legislation to enable developments under Section 181 of the Planning & Development Act 2000 to seek substitute consent.
The Ministerial order directing work on the temporary accommodation in Athlone relied on Section 181 of the Planning and Development Act, 2000.
Substitute consent is a mechanism to regularise development that was carried out without the necessary planning permission.
In their statement on Monday, the councillors said the State Senior Counsel advised that the amending legislation was not ready for publication.
The councillors said their counsel Oisin Collins SC, in opposing the application for a stay, “argued that the tight timeline envisaged, the lack of Dáil sitting days, the Summer recess and the complexity of the proposed development, which is likely to be challenged, ‘traps these residents in a poor standard of accommodation indefinitely’.”
The councillors praised their legal team consisting of Oisín Collins Senior Counsel, David O’Brien BL and Patrick Cunningham of Cunningham and Co Solicitors, Dublin. The councillors' statement said: "Oisin Collins argued the case on behalf of the four councillors in a comprehensive and robust manner leaving the Judge in no doubt as to the strong feelings of the councillors and the people of Athlone."
Ms. Justice Emily Farrell said that she will deliver her judgement today (Wednesday) at 10.30am in the High Court.