“As a Council we’re prepared to defend the decision to the greatest possible extent.” Those were the words of Ian Gardner, Kilkenny Council’s Director of Services in the South Kilkenny Area, following Waterford City and County Council’s recent objection to the Ferrybank Shopping Centre’s planning permission.
Planning permission was originally sought to allow Better Value Unlimited Company, the legal name for Dunnes Stores, to repurpose the unoccupied car showroom in Ferrybank to become the shopping centre’s anchor store. An area of the first floor was also to be repurposed into a leisure unit, with some saying it could house a gym or a local parish hall.
This application was approved on August 28 last, but the process was to be complicated weeks later when, on September 22, Waterford City and County Council lodged an appeal with An Coimisiún Pleanála. That appeal was deemed invalid because it did not contain evidence of acknowledgement from the planning authority.
According to Ian Gardner, Kilkenny Council now understands that Waterford County Council has brought the matter to the High Court, and a hearing date of November 17 has been advised, although this date is not yet verified.
Waterford City and County Council have confirmed that they have been granted leave to take a judicial review.
This action from Waterford City and County Council has been with met with shock and confusion on the Kilkenny side of The Suir, as Fine Gael Councillor Fidelis Dohorty said, “It’s hugely disappointing, no point in saying anything else…there’s room for everybody.
“I would be disappointed that they would take legal action and are moving in a very legal way, in a confrontational way. It’s disappointing that they didn’t accept and honour the planning permission given by Kilkenny County Council and then try on the second attempt to undermine or be disingenuous, that’s disappointing.”
These words come from the most recent South Kilkenny Municipal Council Metting held on 5 November last, where the councillors were unanimous in expressing their disappointment in how the situation has developed.
“I am completely astounded by the decision to go the judicial route and to appeal the decision of Kilkenny County Council,” said Ger Frisby, Councillor for Fianna Fáil, “…it is showing huge disregard for the residents of Ferrybank and South Kilkenny that are crying out for this facility to be opened.”
Cllr. Fisby reiterated what he believed the job of local representatives to be “…it’s 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 3-4 plus meetings per Anum with them and I think this is just souring that relationship. I don’t think it’s following the right lines.”
Fianna Fáil Councillor Jenny Catt Slattery added her vote of disapproval, saying “The decision to oppose the development is a setback for regional cooperation and the shared prosperity it would have brought to us all.” She also made the point that the development would brings jobs, investment and overdue commercial activity on a border area which is shared between the two counties.
Labour Councillor, Tomás Breathnach also emphasised the shared nature of interests between the two counties. “We have a vested interest in the thriving, vibrant, commercial, social, whatever, aspect of Waterford City and of course that should never be questioned. We have a vested interest in their progress as they do in ours.”
“We can’t understand the logic of a judicial review, because I don’t know what purpose it has…I don’t know that anybody could reach a decision on Ferrybank shopping centre other than the one that has been reached because it is in situ for all those years, it’s not like it’s a new build so it’s the use you make of the building…the great thing is, if anybody read the Ferrybank Local Area plan, variation 6, was the potential for additional use for community benefit for the people of Ferrybank…So I just don’t understand it.
It seems to me it’s a kind of a mindset that doesn’t take into account the National Planning Framework and the additional population targets that there is for the wider Ferrybank area.”
AARON KENT Funded by the Local Democracy Reporting scheme
