Bessborough survivors group to seek judicial review of planning decision

A group representing survivors of the Bessborough mother and baby institution in Cork is to seek a judicial review of the decision to uphold planning for 106 apartments on the former institution’s grounds.

In February, Cork City Council granted planning permission to Estuary View Enterprises 2020 Ltd to build 140 apartments on land at Bessborough.

In July, An Coimisiún Pleanála substantially upheld that decision on appeal, granting planning for the building of 106 apartments on the site.

On Monday, September 21, the High Court is to hear a preliminary application for leave to seek a judicial review of An Coimisiún Pleanála’s decision.

The application is being made by the Bessborough Mother and Baby Home Support Group, and some of its members.

Examine legality of decision

A judicial review involves a High Court judge examining the legality of a decision made by a lower court or public body, and involves an auditing of the decision-making process, rather than the substance of the decision.

It does not amount to a re-litigation of a case.

Between 1922 and 1998, Bessborough House in Ballinure was operated by the Sisters of the Sacred Hearts of Jesus and Mary as Ireland’s largest mother and baby institution.

In 2021, the Commission of Investigation into Mother and Baby Homes found that 923 children died at Bessborough or after discharge. Burial records for 859 children and 19 women were missing, and the commission found it was “highly likely” some had been buried on the institution’s grounds.

Engage with owners

In the wake of An Coimisiún Pleanála’s decision, Taoiseach Micheál Martin told this newspaper he had asked Cork City Council to engage with the owners of the lands to “explore all options for the future of the site”.

Although Mr Martin did not say so, it is believed the State is willing to financially support the purchase of the lands, should negotiations with its owners prove successful.

At the time of Mr Martin’s intervention, a spokesperson for Cork City Council said it would not be appropriate to comment publicly.

“The City Council can confirm, however, that it is in the process of establishing a formal negotiation process with the landowners and their legal representatives,” they said.

“Given the commercial nature of the matters under review, it will be some time before any update will be given.”