These notes refer to Item 2 on the Council Agenda. This item was the vote on the contravention of the County Development Plan for the development at Mullaghmore.
P.J. Kelly (Chairman C.C.) - Introduced Item 2 and noted that there had been a change in position over the last seven days. He asked the County Manager to summarise.
County Manager - Noted that the County Council was recommending that planning permission be granted subject to the conditions outlined on pages 24, 25, 26 and 27 of the report on the application issued to County Councillors. He also said that they had received a letter from the OPW outlining their reasons for feeling that the proposed development was not in contravention of the Development Plan. He also noted that they had consented to a deferral of the vote.
He told the M.C.C.s that he had responded to the OPW stating that they had fully considered the matter and that they were satisfied that they had taken the right decision regarding the material contravention. He pointed out that 24 votes in favour were required to carry the motion and that he was now putting the matter to the Council.
Michael Kelly (M.C.C.) - Proposed that there be a deferral of the vote under Standing Order 29(d) for six months. His reason was that there were on-going discussions with regard to developments in Kilfenora, Corofin and Mullaghmore. There was a "peace initiative" which should be given a chance.
P.J. Kelly (Chairman C.C.) - Said that this was unexpected and asked was if there was a seconder of the motion. He also asked the County Manager to outline the implications of the motion to defer.
Tom Burke (M.C.C.) - Seconded the motion.
County Manager - Noted that this would require the consent of the developer. The letter sent by the OPW was not specific about the length of the deferral and their consent would have to be sought. If they did not get consent then the matter would have to come up again next week.
Anna Mulqueen (M.C.C.) - Opposed the motion to postpone on the grounds that this had been going on long enough.
Richard Nagle (M.C.C.) - Supported the motion to postpone the vote and that the Mullaghmore development was only one part of an overall plan.
Jimmy Nagle (M.C.C.) - Supported the motion to postpone the vote.
Martin Lafferty (M.C.C.) - Said B.A.G. had done the country a great service. But the OPW were still telling the County Council what to do. This was an unauthorised development and anyone but the OPW would have been in court by now and made to take it down, and if they did not then they would be fined. As to the recent OPW letter to the Council he could take it apart vis a vis the County Development Plan.
Patricia McCarthy (M.C.C.) - Pointed out that the material contravention vote had been deferred once already. The Council should deal with the matter before it. She mentioned gerrymandering and said the Council was allowing the OPW to do whatever it wanted. She said that the Council could find itself in court.
Wiley (M.C.C.) - Said that the Council had failed to provide facilities as had been provided in Mayo and Donegal.
Patricia McCarthy (M.C.C.) - Asked if the Council had the consent of the applicant or did they need new consent. The motion is illegal as there is no consent of the applicants.
P.J. Kelly (Chairman C.C.) - Said that no "new consent" was needed.
Martin Lafferty (M.C.C.) - Said the recent OPW letter refers specifically to the matter of the contravention. He wanted to know who decides if a proposal is a material contravention, the Planners or the OPW.
P.J. Kelly (Chairman C.C.) - Said that that would be a matter for judicial review.
Anna Mulqueen (M.C.C.) - Said that they had reluctantly agreed to the last deferral of the vote on the basis that there would be a vote today.
County Manager - Explained that the deferral had been called at the last meeting in order to allow time for the M.C.C.s to be briefed. He said that Michael Kelly's motion to defer the vote is a different issue. The consent of the applicant would be needed.
Shouts of "irregular"
Christy Curtain (M.C.C.) - Asked if it is in order to take a vote in anticipation.
M. Taylor Quinn (M.C.C.) - Asked if the County Development Plan would be adjusted within six months and whether there then would be no need for a vote on the material contravention.
County Manager - I don't know
Patricia McCarthy (M.C.C.) - Asked why are we deferring this vote?
P.J. Kelly (Chairman C.C.) - Because Michael Kelly proposed it.
VOTE TO DEFER TAKEN AND WON.
Voting:
19 FOR THE MOTION (FF 18, IND 1)
11 AGAINST THE MOTION (FG 5, IND 4, LAB 1, PD 1)
1 ABSTENTION (FG)
1 NOT PRESENT (FF)