Kilkenny County Council is expecting a positive outcome in the judicial review over Ferrybank Shopping Centre, with Waterford City and County Council understood to be effectively withdrawing its case.
The Judicial Review case was heard on 11 and 22 of June. It is set to be heard again on 6 July, but it is understood that this hearing will only be a formality.
Reports suggested after the first hearing that the case was adjourned to give the Waterford Council a chance to review their position. Following the second hearing a source close to the matter claimed that Waterford Council has committed to effectively withdraw their case.
It is expected that this conclusion will be confirmed on 6 July next and if so, the result will see a major change on the South Kilkenny side of the River Suir as one of the largest shopping centres in Ireland looks set to open and become a major site for retail and investment.
The Ferrybank Shopping Centre has lay vacant, bar a small library, since it was built in 2008.
There seemed to be a breakthrough last year when planning permission was approved for Dunnes Stores to become the centre’s anchor store and for the first floor to be redeveloped into a leisure area, with suggestions that it may facilitate a gym or a food court.
Following the second hearing, and reports that the Judicial Review was set to go in favour of Kilkenny City, The Munster Express contacted Waterford Council seeking confirmation.
A spokesperson for Waterford Council replied: “Waterford City and County Council is not in a position to comment ahead of the High Court hearing on July 6th.”
This newspaper asked Kilkenny Council if it was satisfied with the progress of the case and if they expected a positive outcome on July 6.
A spokesperson for Kilkenny Council replied: “Kilkenny County Council is satisfied with how the matter of the Judicial Review taken by Waterford City and County Council is progressing through the Court and looking forward a positive conclusion at the next hearing on 6th July.”
UNPRECEDENTED
It is very unusual, to the point of possibly being unique, for one local authority to bring another to a judicial review in the High Court over a planning application.
The decision to initiate a judicial review was made by management of Waterford Council, the councillors had no input into the decision.
Nevertheless, the judicial review was debated in the council chamber. It became evident that councillors were deeply divided in their views towards the shopping centre development.
A survey published in The Munster Express on the November 18 last year found that out of 32 Waterford Councillors, 12 supported the Judicial Review, 11 opposed it, and the remaining 9 were either undecided or provided no comment.
Most of those who supported the judicial review had faith in the council assessment that Kilkenny County Council were negligent by not completing a retail impact assessment, which is a report into the effects the shopping centre might have on Waterford City.
Cllr. Mary Roche was the strongest voice against the development as she believed that Ferrybank Shopping Centre was an existential threat to Waterford City, the likes of which would not be tolerated on the outskirts of Kilkenny City.
“If they are shocked at our appeal, they must not have been reading the papers for the last 20 years,” she said.
“The shopping centre should never have been built. In its current scale and style, it is a monument to the worst excesses of the Celtic Tiger. We objected to it being built in the very beginning. Objections like this from one council to another are very rare, and it would not have been done lightly.”
Others, like Cllrs Pat Fitzgerald, Donal Barry, Joe Kelly, Jim Griffin and Eamon Quinlan were particularly outspoken against the Judicial Review and asked to be completely dissociated from it. Some expressed utter disbelief that the Council could oppose such a major development.
“To say the people of Ferrybank are furious about this, would be an understatement,” explained Cllr. Quinlan. “The shopping centre has been sitting there idle for almost 20 years. It is taking a prime position in the middle of Ferrybank and could act as a strong service centre.”
Some members of the pact (the political voting group made up of Fianna Fáil, Fine Gael, Labour and some Independents) told this newspaper that they were not in favour of the judicial review but asked not to be named.
DISBELIEF
On the South Kilkenny side of the Suir, the councillors were shocked by Waterford Council taking the matter to court, especially as they two local authorities work together on a variety of other issues.
Cllr. Pat Dunphy has said it would be great news for the area if the shopping centre gains approval on July 6.
Cllr. Dunphy had said of the Judicial Review: “It’s not great the way things are going in this country that we have to wait six months to move ahead with the shopping centre. Very disappointing, but that’s the way it is.”
Speaking at the time of the objection, current Cathaoirleach for South Kilkenny, Cllr. Ger Frisby, said: “I am completely astounded by the decision to go the judicial route and to appeal the decision of Kilkenny County Council”.
“It is showing huge disregard for the residents of Ferrybank and South Kilkenny that are crying out for this facility to be opened,” Cllr. Frisby said.
Cllr. Frisby also suggested that the move by Waterford Council was at odds with the role of public representation.
“Our job is to serve the people of the area, the people of Ferrybank, Slieverue, Waterford, it’s right across on both councils, we’ve worked tirelessly with Waterford City Council as a municipal area over the last number of years, with three to four plus meetings per annum with them and I think this is just souring that relationship. I don’t think it’s following the right lines.”
The reaction of the South Kilkenny Councillors was a fraction of negative outpouring online, as residents of Ferrybank and its surrounding areas expressed their disgust at what they see as Waterford Council’s attempt to halt progress to protect their own interests.
As a local commented: “Ferrybank has had a massive, empty shell sitting there for most of my life and instead of welcoming a development that would finally give Ferrybank, Slieverue, Kilmacow, Mooncoin etc a proper place to shop without driving into the city, Waterford City Council is shutting it down again”.
“This isn’t about ‘protecting the buzz’ of Waterford City. It’s about protecting revenue.
“So, when you strip away the spin, this isn’t a fight over retail integrity. It’s about a Council more worried about losing parking fees than supporting a community that’s been left with a half-empty centre for most of our lifetimes. South Kilkenny deserves better than being collateral damage in a budget problem it didn’t create.”
Kilkenny Council committed to fighting the Judicial Review to the fullest possible extent. It now seems that fight will prove successful. The Judicial Review is expected to conclude on July 6.
AARON KENT
Funded by the Local Democracy Reporting Scheme
