The chief executive of Dún Laoghaire-Rathdown County Council has refused to consider rezoning land by Clonkeen College to block a future residential development.
The 7.5 acres of land, previously used as playing pitches by the Deansgrange secondary school Clonkeen College, is owned by the Christian Brothers religious congregation.
The Christian Brothers have entered into a contract to sell the land for € 18 million to a local property developer. Dún Laoghaire-Rathdown councillors have been told attempts to rezone the land and block the sale “could result in a claim for damages” from the Christian Brothers.
Legal advice
At the local council meeting on Monday, chief executive Philomena Poole said following legal advice any such damage to that sale, or anything that may affect it, could result in a claim for damages. “And it is my belief that the discussion of the sale of those lands opens the council to such a claim.”
A spokeswoman for the council said the land by Clonkeen College is currently zoned as residential, with the zoning objective “to protect and/or improve residential amenity”.
This land zoning allows for a developer to lodge a planning application for a residential development. Councillors had queried if they could rezone the land to “open use”, which would explicitly prevent any future residential development on the playing pitches.
Ms Poole said she would not act on any motion passed by councillors to rezone the Clonkeen land. “We will not be going forward with it regardless of the outcome of any discussion or vote” she told the council meeting.
