CORK County Council chief executive Tim Lucey has hailed the High Court ruling on the proposed development of a €100m retail centre in Carrigtwohill as “significant”.
Earlier this year, Cork County Council sought a judicial review against a ministerial order preventing the development of a €100m Kildare Village-style retail centre in Carrigtwohill.
Cork County Council recently received official confirmation that a declaration has been made that the draft order issued on March 5, 2020, is invalid as is the order of December 23, 2020.
“I was advised via email last Friday [November 19] that the High Court judge issued his final orders in relation to the matter on Thursday morning [November 18],” said Mr Lucey, at this week’s council meeting.
“The order is a very significant decision. A declaration has been made that the draft order on March 5, 2020, that was issued is invalid as is the order of December 23, 2020.
“Once the order is perfected then the variation goes back into our development plan. It has full impact and will give back to the council in terms of what position it has in terms of its statutory functions.”
The chief executive said that costs of the judicial review will be split 50/50 between the minister for local government and planning and the Office of the Planning Regulator.
“There is a stay on those for 28 days in the event of them appealing this decision to the Court of Appeals.
“This is very significant that the full costs of the case to the council have been covered.”
County Mayor Gillian Coughlan welcomed the news as a “significant judgement”.
“It is a significant judgement for local government,” she said.
“The fact we did take it to court obviously has forced their hands to show they cannot ride over local authorities and our functions remain as they were.”