Sir, - The Kildare County Council chairman, Mr Sean Reilly, has been dismissive of the squashing of the Clane Plan by the High Court, and has referred to the decision as being based on a "mere technicality".
A 1976 Amendment of the Planning Act attempted to remedy an ambiguity in the 1963 Act and to extend one of its provisions in such a way as to bestow on the councillors the reserved power to apply to the Minister for an extension of the time allotted for drawing up their five yearly revisions of the plan. This provision was breached by Kildare County Council last July 8th, when it voted to adopt the Clane Plan outside the permitted time.
Far from being a mere technical matter, this provision was envisaged by the legislators as a necessary safeguard of democracy and an insurance that, in the public interest, planning would be carried out in an overt and responsible manner and subject to public scrutiny. I quote from the Dail Debate of 1962 which involved the then Minister, Neil Blaney, Deputy James Dillon and others:
"Before the elected representatives come forward with this application to the Minister, they will naturally discuss it at some of the meetings, and the reasons for which they must get additional time for their plans will have to be aired publicly. They will then be required to publish this intention to apply to the Minister for extended time, stating the additional time they are seeking. This will be an assurance that additional time will not be needlessly sought and will be requested only where a good case can be made for it."
Many planning authorities, including Athy UDC, have been conscientious and consistent in applying within the broader and more generous interpretation of the Act, including public advertisement. To do otherwise is to frustrate and disempower an already severely disadvantaged public, including perhaps a section of the council itself. This is the fear that the then Minister, Neil Blaney, expressed in 1962. It certainly frustrated the people of Clane in 1996, and if it were not for the most painstaking research, would have resulted in a deplorable miscarriage of justice.
We are concerned also about the narrow interpretation, by some councillors, of the High Court ruling which resulted in the Clane Plan being quashed. The Clane case involved six grounds relating to abuse of proper procedure. The County Council did not dispute any of these grounds. It conceded the case.
It cannot think now that by changing tack with regard to the first mentioned ground, that of adopting the plan beyond the date of expiry of the Minister's extended deadline, it has only to vote on the plan once more. To attempt to do so would only lead to a further waste of the court's time. It would appear, therefore, that to dismiss the Clane judgment as being based on a "mere technicality" could lead to making the same mistake once more. - Yours, etc.,
Secretary,
North Kildare Alliance for Better Planning,
Loughbollard,
Clane, Co Kildare.