Myles Buchanan at Wicklow County Council meeting DEMOLITION DISCUSSION IS DEFENDED
THE DEMOLITION of St Paul’s Lodge in Bray was back in the spotlight at a special meeting of Wicklow County Council held on Wednesday evening.
Protesters opposed to the demolition of the building in order to extend a car park on Herbert Road in Bray held a short demonstration outside before filling the council chamber ahead of the debate and loudly applauded any contributions with which they agreed.
Cllr Brendan Thornhill wanted an independent legal opinion from senior counsel read out so it would appear on the record, after the elected members were presented the legal opinion of the council’s law agent David Sweetman.
However, Cllr Thornhill was told that the statement he wanted read out had already been included as a submission as part of the Part 8 process and therefore was already dealt with in the manager’s report.
Cllr Thornhill, seconded by Cllr Mary Kavanagh, then put forward a resolution seeking seek an independent legal opinion from a senior counsel with regard to the compliance of the council with the statutory requirements of the planning act in with the Part 8 proposal from the March 12 meeting. This resolution also sought the examination of issues of transparency, fair procedure, compliance with the statutory process and obligations and compliance with standing orders.
‘The issue caused an awful lot of confusion. It should be cleared up and I want to see due process take place,’ said Cllr Thornhill.
He also said that no reason had been give as to why his proposal at the meeting of March 12 wasn’t voted on.
‘The cathaoirleach did not male a ruling, he simply ignored it,’ said Cllr Thornhill
This was strenuously denied by the cathaoirleach, Cllr Edward Timmins.
‘That’s untrue. Comments were made by both the Meeting Administrator and the Chief Executive explaining why,’ said Cllr Timmins.
Cllr Thornhill was also informed that his resolution couldn’t be accepted as it wasn’t relevant to the special meeting’s agenda, which was only about the conduct of March 12’s meeting.
Cllr Michael O’Connor supported calls for independent legal advice.
‘What the council’s law agent has presented here is his interpretation of the law. I’m a lawyer too and I could have a totally different interpretation of the law,’ he said.
This sentiment was backed up by Cllr Mary Kavanagh.
‘It’s his legal opinion but it may not be someone else’s legal opinion. You can’t depend on someone who is an employee of Wicklow County Council to give their opinion because it will be biased,’ she said.
Cllr Oliver O’Brien said: ‘If we did things right in the first place we wouldn’t be having this special meeting. I have a feeling it was rushed through and that some councillors didn’t take enough time to consider the implications of knocking a house down.’
Cllr Joe Behan, who was in favour of the Part 8 but felt the concerns of residents should be heard, said he had ‘no doubts’ over the integrity of the law agent.
‘I am still in favour of the proposal but I also want to ensure that what is done is legally correct and fair. I can’t understand why the executive would fear in any way the opinion of independent counsel,’ said Cllr Behan.
Cllr Pat Fitzgerald wondered why more councillors from Bray hadn’t made a submission.
‘When a Part 8 comes to Arklow and I have concerns, I make a submission. Cllr Steven Matthews was the only councillor from Bray to make a submission. My view is: if you are against the proposal then make a submission,’ he said.
Cllr Chris Fox said he was happy with how the cathaoirleach handled the meeting on March 12.
A number of proposals weren’t accepted last Wednesday because they were deemed not to be relevant to the special meeting’s agenda.
These included a proposal from Cllr Nicola Lawless calling for the Executive of Wicklow County Council to seek independent legal advice on the issue of procedures carried out at the meeting of March 12 as they relate to the issue of St Paul’s in Bray.
Cllr Gerry O’Neill had proposed that the Part 8 decision shouldn’t proceed until Bray Municipal District engages with the action group regarding independent legal advice and there should be at least 12 months breathing space.
Cllr Jennifer Whitmore had proposed that Wicklow County Council seek independent legal advice on the ability of elected members to propose alternative motions, other than specified in Section 179, during consideration of an agenda item relating to the same.
As the meeting drew to a close after more than two and a half hours, it was agreed that councillors would vote on two proposals.
The first came from Cllr Michael O’Connor, who requested that the council seeks independent legal advice to consider the procedures of the meeting on March 12. Thirteen councillors voted in favour, 16 against and three weren’t present.
The next proposal put to the vote was from Cllr Chris Fox and called on the council to accept Mr Sweetman’s legal opinion that the chairman conducted the meeting of March 12 correctly and in line with legislation and standing orders. Seventeen councillors voted in favour, 11 against and four weren’t present.