A survey conducted by The Munster Express last week has found that Waterford councillors are deeply divided about the judicial review into the Ferrybank Shopping Centre development.
Of the 23 councillors who provided an opinion, 12 supported the judicial review, while 11 were against it. The remaining 9 were either undecided or provided no comment to this newspaper.
Last week, at a meeting of Piltown Municipal District Council, councillors for that area of South Kilkenny said they were “astounded” and “deeply disappointed” with Waterford Council’s decision to appeal planning permission, which would have allowed Dunnes Stores into Ferrybank Shopping Centre and converted the first floor into a leisure area. In their view the judicial review needlessly slows down the process of finally bringing some much-needed life and services into Ferrybank.
The appeal was deemed invalid by An Coimisiún Pleanála, and now Waterford Council has taken the matter to the High Court for judicial review.
Multiple Waterford councillors would like it acknowledged that they did not seek the appeal or get to vote on the matter. The appeal and the judicial review were brought by Waterford Council management.
Explaining why this was done, Aisling O’Sullivan, Senior Planner for Waterford Council, spoke to the Plenary Council in Dungarvan last week: “A judicial review reviews the process of how a decision was come to. It doesn’t say a decision is wrong or right, it is about the process of how the decision is arrived at,” she said.
“In the case of Kilkenny there was no retail impact assessment provided with that application. Just as we have the same standards for our own retail developments, we would always assess the impact of any retail development on the city centre,” Ms. O’Sullivan said.
“This wasn’t done in the case of this application. The review is so that the assessment is carried out. I don’t think anybody is saying there should be no shopping in Ferrybank, but if there is shopping it has to be in the context of what impact it may or may not have on Waterford City,” she added.
Following up on Ms. O’Sullivan’s comments, Chief Executive of Waterford Council, Sean McKeown, emphasised how unprecedented this action is.
“We were left with no option unfortunately, it is not something that we do lightly in terms of taking judicial reviews against a neighbouring local authority,” Mr. McKeown said.
“I don’t know if it has ever been done anywhere else nationally so it doesn’t arise often … the planning permission has been issued. We made a submission which in our view has been ignored. The only option we had in these circumstances is to take a judicial review.
“It will be up to the judge. But I believe we done the right thing for Waterford in this case,” Mr. McKeown added.
Although some councillors asked not to be named in relation to the matter, many have made their position clear, with strong opinions for and against the council’s decision to seek a judicial review.
At October’s Plenary meeting of Waterford Council, Cllr. Pat Fitzgerald of Sinn Féin, asked to distance himself completely from the appeal.
Independent Joe Kelly made similar comments at the same meeting, and spoke strongly on the matter at the November Plenary meeting also, saying: “I welcome the opening of Ferrybank Shopping Centre, whenever that opens and I am certainly distancing myself from the management’s decision”.
Fianna Fáil Councillor Eamon Quinlan spoke strongly against the judicial review and asked if mediation was sought. “To say the people of Ferrybank are furious about this, would be an understatement. 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”.
Sinn Féin’s Jim Griffin, questioned the process, saying that they have a cross county municipal meeting which he initiated, and that the matter should have been addressed by collaboration between the local authorities.
While Independent Donal Barry also had strong words against the judicial review, asking “can the executive of the council genuinely justify preventing this long awaited development? It’s hard to defend … a thriving Ferrybank centre would complement people coming to the City centre, drawing more visitors to Waterford”.
“So why fight progress? Why waste public money in court to block developments that aid job creation?” Cllr. Barry queried.
Independent Blaise Hannigan is against the review as he wants the shopping centre for the people of Ferrybank.
The judicial review was opposed by all Sinn Féin members who responded.
Speaking in favour of the review, some councillors clarified that they were not against the shopping centre in Ferrybank, but that the executive was correct in its decision.
They aligned with the Chief Executive in seeing that Waterford Council was left with little choice but to proceed as they have, despite it being regrettable. Waterford’s Labour Councillors aligned with this position.
Fianna Fáil’s Adam Wyse explained his support saying that expertise was required in such cases, and that the experts on the council executive were best placed to decide how Waterford Council should proceed.
While his Fianna Fail colleague, John O’Leary, warned that Waterford Council had made mistakes in developing on the outskirts of Waterford in the past and that the City Centre must be protected.
Fine Gael’s Jim D’Arcy summed up the position of moderate support: “I don’t feel the executive had any choice but to refer for judicial review. Not to have an assessment of impact on City Centre trading was negligent by Kilkenny Council … it’s such a pity the two councils can’t come up with an integrated plan for the North Quay and the shopping centre”.
Building on points made in recent weeks, Independent Joe O’Riordan said that it is not recognised that tourism and retail enjoy a symbiotic relationship in the county, while tourism is heavily funded, retail has no clear plan and, on balance, he supports the review.
Speaking to The Munster Express last week Social Democrat Councillor Mary Roche stated clearly that the Ferrybank Shopping Centre was an “existential threat” to Waterford City, one which would not be tolerated on the outskirts of Kilkenny City.
According to Chief Executive, Seán McKeown, Kilkenny Council have until the end of week, November 23 to submit their defence in relation to the judicial review.
Funded by the Local Democracy Reporting Scheme
AARON KENT
– Munster Express
