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06/11/2009

Planning Appeals Boss's Job "Untenable"

Irregular procedures within An Bord Pleanála, and unnecessary cost to taxpayer, has left its chairman in an "untenable position", a Fine Gael senator has claimed.

Speaking in the Seanad, environment spokesperson Paudie Coffey called for the resignation of John O'Connor.

The senator also called for a full enquiry into allegations the board ignored a 2006 High Court ruling.

Judge Kelly recommended the body sought legal advice before proceeding with future appeal cases; and that further consideration of the case be dealt with by members of the board who had no previous involvement in the case.

Senator Coffey said the chairman had pressed ahead while "totally disregarding" the court’s recommendations.

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"The recent arrogance displayed at an Oireachtas Environment Committee by An Bord Pleanála Chief, John O’Connor, when he referred to the July 2009 High Court ruling by Mr Justice John MacMenamin as ‘a wrong assumption’ is astonishing and shows a serious lack of regard for his position, taxpayers’ money and the decision of the court," he said.

"The Court Service has since taken issue with Mr O’Connor’s statement.

"During the course of legal proceedings, the board’s decision-making process was found to be highly questionable with the result that its decision to grant planning permission for an engineered landfill was quashed by the High Court on the grounds that the process could not be deemed to be impartial at every turn."

The senator said questions now arise due to the "procedural irregularities" and "lack of transparency" in this case.

"Mr O’Connor is after all, charged with a quasi-judicial role when adjudicating on appeals such as this.

"Environment Minister Gormley must commission an enquiry immediately into the workings of An Bord Pleanála based on the evidence in this case," said Senator Coffey.

"The lack of proper procedures within the Board and the resulting cost to the taxpayer undoubtedly leaves the chairman now in an untenable position."

(PR/KMcA)

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