South Dublin County Council last night cleared the way for a major leisure scheme on the outskirts of Tallaght for a developer who is before the High Court for breaches of the Planning Act.
Mr Jim Mansfield, who developed the Citywest Hotel complex, needed a material contravention of the county plan to secure permission for his latest scheme for an 18-hole golf course, 75 "golf apartments" and ancillary facilities on an adjacent site.
Last night, by 20 votes to five, the county council decided to contravene the green-belt zoning of the site to permit the proposed development.
Several councillors mentioned Mr Mansfield's record, even querying whether he qualified as a "rogue developer".
Mr Paul Gogarty TD (Green Party) noted that the former South Dublin county manager, Mr Frank Kavanagh, was now a consultant to Mr Mansfield, whose previous schemes in the area include a shopping centre on the former Clondalkin paper mills site.
Cllr Derek Keating (Ind), who was one of the five councillors to oppose the material contravention, had asked whether it would not be "wholly inappropriate" to go ahead with it, thereby "granting permissions to those who are continually in breach of planning law". He was told by the county manager, Mr Joe Horan, that the council had initiated High Court action against two of Mr Mansfield's companies in relation to unauthorised works carried out by them at Weston aerodrome, near Lucan. This case is listed for next Monday.
In a written reply to Mr Keating, the manager said that the council had also taken proceedings against another of Mr Mansfield's companies, HSS Ltd, to cease work on extensive alterations to Tassagart House, a protected structure, and had accepted an undertaking in this regard. He pointed out that the High Court order contained a "penal endorsement" on HSS Ltd and Kilakee Construction Ltd for possible committal to prison and/or fines and/or sequestration of both companies' assets in default of obeying its order.
His reply also noted that an enforcement notice had been served on HSS Ltd on August 6th last for non-compliance with 11 of 20 conditions imposed in a granting of planning permission for an "apart-hotel" scheme at the Citywest Hotel. A compliance submission is now being examined.
The county manager also told Mr Pat Rabbitte TD (Labour) that a written protocol would be prepared for the guidance of staff and elected representatives in dealing with "retired council staff immediately interfacing with the council on behalf of outside interests".
Mr Gogarty mentioned the Flood tribunal's continuing investigations of planning corruption in Co Dublin and called on any council members who might have received cash donations from Mr Mansfield to declare their interests before the vote. None did.
