Council will defend judicial review concerning school site

COUNCILLORS agreed to give their “express authorisation” for the council to defend a judicial review concerning a site zoned for a school on Stocking Avenue in Ballycullen, reports Aideen O’Flaherty.

The topic was raised at a council meeting on Monday by Mick Mulhern, South Dublin County Council’s director of planning and transport.

He advised councillors that the judge presiding over the judicial review required confirmation that the council’s chief executive had express authorisation from them to defend the review.

Explaining the background to the case, Mr Mulhern told councillors that in the County Development Plan “there is a proposal for a school site in Ballycullen to support the level of development that’s planned for that area.

“The council adopted that proposal and it’s in the Development Plan, and has been in the Development Plan for a number of cycles.

“Following the council’s decision to adopt the Plan, the landowner there has decided to take a judicial review against the council’s decision to include that school in the plan and we’ve been defending that case.”

The case was heard by a judge on May 14 and 15 last, but they noted that they need councillors’ express authorisation for the case to be defended by the council under a particular legal Act.

“We’d actually discussed that with our senior counsel, and we were of the view that we didn’t require it, and that, ultimately, the council adopting the Plan gave that authorisation,” said Mr Mulhern.

“But the judge was quite clear that it was required.” Councillors agreed to give the required authorisation, which means the judge will now be in a position to make a ruling on the judicial review.

Cllr Ronan McMahon (Ind) voiced his concern about the site being zoned for a school development for over 20 years but being left idle.

“This site has been sterilised for the last 25 years, which means it’s just sitting idly there,” he said.

“There were proposals ten years ago to build schools in the area and the Department of Education picked different sites.

“I think this site should’ve been used ten years ago but it wasn’t…why would we sterilise the land for that when we badly need houses?”

Cllr Louise Dunne (SF) added that she supported the zoning of the site as it would provide an important amenity as the population continues to grow.

“There’s no point in having houses if we have a young population with no school places,” she said.

“We need to be planning for the future, so we need to keep this piece of land for the school and for the future population in the area.”

Mr Mulhern noted that the site for the school would be needed by the time more houses are developed in the area.