Munster Express Online

Several Waterford County Councillors reacted angrily this week to a recent direction by Environment Minister John Gormley that ordered the local authority to delete its controversial rezoning of lands outside Dungarvan which was the subject of a Garda investigation last April.

The Council had voted in favour of rezoning 65 acres of land at Ballygagin and a further 10 acres near Radley Engineering on the N72 for industrial purposes.

But Minister Gormley declared that the rezoning by the Council was ‘unsatisfactory’ and had failed to ensure compatibility with the Dept of the Environment’s Development Plan Guidelines and the proper planning and sustainable development of the town of Dungarvan and its environs.

The meeting was told that there was ‘more than meets the eye’ about the whole situation, that the Minister was acting against the spirit of democracy and that ‘somebody’ had managed to change his mind.

Director of Services, Brian White, told the Councillors at Monday’s meeting that the local authority had no choice but to advertise the deletion of the zoning adopted by the Council on May 12 last. Submissions would be invited by the Council and sent to the Minister for his attention. People would have an opportunity to make submissions if they believed the Minister was wrong. The Officials and members of the Council were obliged to comply with the directive according to legal advice.

 

Scaled back proposal

Minister Gormley, in a letter to the Council, stated that his Dept wrote in March detailing a series of concerns and significant reservations regarding the location, scale and phasing of industrial development by the variation to the County Development Plan. He also outlined the lack of capacity in water and waste water services and the potential environmental and ecological implications in relation to Dungarvan Estuary’s designation as a Special Area of Conservation.

The Council Executive took these concerns on board in proposing a scaling back of the original zoning proposals by rezoning a reduced but significant area as general industry which was linked to the town and was adjacent to the IDA Park.

However, despite the Department’s significant concerns, and the more reasonable approach proposed by the executive, the Minister said he was disappointed to see that the Council rejected the expert advice given in elation to rezoning.

Plans should also sit within the broader context of the regulatory and policy framework for planning set by the Government, insisted Minister Gormley, adding that, given the role and status of Dungarvan as a county town under the National Spatial Strategy and the South East Regional Planning Guidelines, it was appropriate that plans for the future development of the town should be ambitious.

Not surprised

Cllr. Brendan Coffey (FG) said he voted in favour of zoning for the Ballygagin land but he was not surprised by the course of action taken by the Minister. He supported the move because local business people were prepared to generate jobs in the town. When local people tried to develop and promote development they were hit by general guidelines.

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Cllr. Billy Kyne (Lab) said the Minister’s intervention was inevitable and they should try and find a solution to this difficult situation and work with the Minister. He said he was concerned about the negative comments made by the Co. Mayor, Tom Higgins, on local radio when he referred to multi national jobs. There were 800 local jobs linked to multi-nationals and it was very important to work well with them and not ‘blacken’ them.

Cllr. Tom Cronin (FF) said there was more to this issue that they would ever know. He said he proposed the zoning in May and he was very disappointed that the Minister had decided to change the zoning. The Minister used the term ‘leap-froging’ but he was prepared to leap-frog to Radley Engineering and had no problem with it. There was a ‘red herring’ here that could not be nailed down, he said.

Cllr. Cronin added that the Minister was lobbied in connection with this issue by two local councillors at the opening of the Dungarvan Sewerage Scheme. That was serious because a democratic decision had been taken by the Council and putting pressure on the Minister may be a breach the code of conduct.

After the Council rezoned the land, the Minister said he was not going to do anything about it but then somebody got him to change his mind, he added.

 

Aspersions cast

 

Cllr. Jim Tobin (FF) said aspersions had been cast on the members of the Council and the Gardai visited their homes during the investigation. He said he had done nothing wrong and he wanted to know why the Minister had decided they had done something wrong. It was time they stood up to the Minister to clear their names and find out about the investigation. It was wrong for any Councillor to approach the Minister after a democratic decision was taken by the Council.

Cllr Ann Maria Power (FG) said the Minister made no mention of the Garda investigation but simply followed the Development Act and used his constitutional right to ensue the council adhered to its statutory duty. The Council ignored the Minister and broke every rule in the plan and he warned them what was going to happen. The Council was allowing developers to tell the local authority where to develop which was not in the guidelines of the Development Plan.

The Minister’s letter was positive and restored confidence and it was a vote of confidence in the Co. Manager and the Planning Dept. It would ensure proper sustainable development in Co. Waterford. She said she spoke to the Minister when he visited Dungavan and wanted to dissociate herself from any unhelpful remarks.

Cllr. Pat Daly (FF) said it was a bad day for democracy when a Minister interfered with the local development plan. He said he had not been contacted by any developer who owned lands outside Dungarvan and nobody influenced him.

Cllr. Declan Doocey (FG) said there was a jobs crisis in the county and the Minister should come up with replacement jobs. In West Waterford Cappoquin Chicken was in crisis and if something was not done then West Waterford would die.

Cllr. John Carey (FG) said nobody approached him about rezoning and when the Gardai called to his house he did not even know the location of Ballygagin.

 

Plan up for review

 

Mr. Brian White said he met the developers involved and suggested ways of moving forward. The entire Development Plan was up for review in two years time but they could not ignore proper planning policy just for jobs.

Cllr. Lo La O’Sullivan (FG) said they were all trying to promote Co. Waterford and they should invite Minister Gormley down to Dungarvan to meet them.

Cllr. Cronin said that there was a jobs crisis in Co. Waterford and Cappoquin chickens was in trouble; the Creamery was gone from Dungarvan as well as Dungarvan Crystal

Co. Manager Ray O’Dwyer said the Council did not have a choice in this matter and they were between a rock and a hard place. The Minister’s directive was legally binding and he asked the members to make further comments by way of submissions.

Co. Mayor Tom Huggins (FG) said, according to the legal advice obtained by the Council they were compelled to carry out the directions of the Minister. They could make submissions of disagreement and, if the wished, even pass a vote of ‘no confidence’ in the Minister.