Kerry County Council faces its biggestcompensation payout, of almost €400,000, to a developer because of a refusal of planning permission
It was a decision by councillors to go against planners' advice and to change the draft county development plan to allow for development in a sensitive scenic area which led to the successful claim, it has emerged.
Mr Willie Wixted, director of planning and services with Kerry County Council, said the case should serve as a warning to councillors that they needed to give careful consideration when zoning or rezoning lands for development.
After an arbitration hearing last year, following a High Court order to compensate him, a Kenmare landowner, Mr Joe Arthur, was awarded €381,000 in compensation for loss of earnings against the council after being refused permission by An Bord Pleanála for housing at Reenagappul, near Kenmare.
Legal bills facing the council are roughly the same amount again. It is estimated that at least €750,000 must be paid out - Mr Arthur's original claim was for €2 million on the basis that his nine-acre site could accommodate 30 housing units.
He had twice, in 1996 and in 1998, been granted permission by the council and twice turned down on appeal, first for 10 houses, then for seven. He made the latter application with advice from the council.
The board, on appeal from An Taisce, refused the development on the grounds it was located in a prominent and visually sensitive location "adjacent to areas of special amenity and at a considerable distance from the existing built-up area."
Mr Wixted pointed out that the original draft county development plan of the period had zoned the area for amenity use. Members in adopting the relevant county development plan had gone against planners' advice, as they were entitled to do, and zoned it for general development, he said at the monthy meeting of the council.
An Bord Pleanála had taken the original view of the planners, that housing development in the area would be premature, and the council was now left footing the bill, Mr Wixted explained.