Kilkenny Corporation has admitted it knew that trees screening a controversial city centre development were likely to be felled when it told An Bord Pleanala they would be protected.
The removal of the trees alongside the River Court Hotel in February to prepare for a flood-relief scheme has angered locals, who were assured when planning permission for the hotel was granted that the trees would be retained.
A Bord Pleanala inspector, Mr Bernard Muckley, described the hotel site as the most sensitive in the city centre and said it was most important that the trees be retained to soften the visual impact of the hotel.
Kilkenny Corporation told Mr Muckley in writing that the trees would be protected and made this a condition of the planning permission. At the time, however, corporation officials knew the trees were earmarked for destruction.
The hotel, one of the most controversial developments to come before the corporation, was officially opened in February. It was built on a green area opposite Kilkenny Castle.
Permission for a 103-bedroom hotel was initially granted by the corporation in December 1995, but overturned by An Bord Pleanala, mainly on grounds of inappropriate design and excessive scale, the following July.
In October 1996 the developer, Majanwood Ltd, whose directors include the Kerry businessman Mr Xavier McAuliffe, submitted a second application, but for a reduced scale development.
On November 29th that year, permission for an 82-bedroom hotel was granted by the corporation with conditions, including the retention of the trees.
The day before, however, the corporation had received a letter from the Office of Public Works warning that the river bank would have to be pushed back as part of the proposed flood-relief scheme. The trees were on the edge of the bank, so it was clear they could not survive the flood scheme.
Yet in a letter to An Bord Pleanala in May 1997 Mr Joe Gannon, the corporation's senior executive engineer, said protection of the trees was a condition of the planning permission and added: "We have ensured that the river bank area will not be disturbed in the proposed development."
Mr Muckley was aware of the OPW memo but was satisfied the trees were secure. In a report recommending approval of the development, also in May 1997, he said the implications of the OPW document were not clear, but added: "Presumably this flood-relief programme does not involve affecting those trees. It would be a major issue in deciding the appropriateness of the flood-relief programme."
Kilkenny Corporation now admits it knew at the time the trees were in danger of being felled. In a statement to The Irish Times, it said: "The corporation were aware of the need to widen and deepen the river channel from 1996 onwards. To achieve this it was always likely that the trees in front of the River Court site would have to be removed.
"However, this position was only confirmed after the OPW flood relief scheme had completed the statutory procedures in 1999."
Mr Muckley clearly believed the flood scheme would have to be modified if it affected the trees. In its statement, however, the corporation said: "This was not put in as a condition of the planning permission by An Bord Pleanala."
The importance of the trees was emphasised by Mr Muckley, who is now deceased, in his report. "The tree-lined bank of the river is a most important feature in protecting the amenities of this area and the views in particular from Kilkenny Castle and John's Bridge."
He also noted that the corporation was committed to "stringent protection" of this view in its city development plan.
Ms Susan Proud, a member of An Taisce and secretary of its Kilkenny branch when the development was being considered, said: "We were assured the hotel would be screened by the trees but the guarantees that the corporation gave have come to nothing."
