Campaigners against the proposed IPAS centre at the former Crown Paints site in Coolock won what may prove to be a significant victory in the High Court yesterday.
Justice David Holland – who in October last refused a request for an injunction against the development proceeding – has effectively allowed the issue to be heard again.
He gave the three plaintiffs the right to re-open their case, and also for the contractor in question, Townbe Unlimited – along with Dublin City Council and the State -the right to apply to have the proceedings struck out. Observers of the proceedings in the High Court formed the impression that those representatives of Townbe who were present did not appear happy with the decision of Justice Holland.
Townbe had been given a response, on a split decision by the Council planners, on January 7, confirming that they did have an exemption covering extensive works on the site. This would include extensive internal works including the removal of walls and the roof. The objectors claim these works highlight the issue of the asbestos that is present – and the fact that none of this was made explicit in the original application by Townbe.
Justice Holland’s ruling on Monday effectively sets that aside. As one of the plaintiffs, Alan Croghan, described it to me it brings the whole issue “back to square one.”
Gript spoke to Mr Croghan yesterday afternoon and he told us that when the case returns to the High Court on March 24 he hopes to be prepared to present an updated case for the entire application to be re-examined because vital issues were not considered previously either by the Court or by Dublin City Council when they granted an exemption.
In fairness, as I pointed out following Justice Holland’s rejection of the injunction in October, he had highlighted issues that may now become front and centre of the case. In part of his ruling, he stated that while those issues were not the focus of the case made by the plaintiffs, and he did not have to make any ruling on them, there was nothing preventing the City Council or “any other person” from taking enforcement proceedings on those grounds.
The fact that the planning authorities are now refusing some notifications for exemptions as notified to them, and that the contractors and their agents are refiling such notifications and appeals for clarification, indicate that the sands may have shifted.
This has clearly been because of the Coolock injunction and the ongoing case involving Westmeath County Council regarding the proposed IPAS centre at Lissywollen. It has taken a small number of Councillors like Paul Hogan in Athlone and ordinary self-represented citizens like Alan Croghan to change the nature of what is taking place.
That this is so speaks volumes both for the nature of the exemptions and the lack of engagement by both the planning authorities and the political establishment across all of the main parties with one or two honourable exceptions in those parties.
The original Coolock Says No group, with the support of Coolock Stands Stronger which reposted their statement, declared that the decision by Justice Holland “is a very positive outcome for Coolock and a great testament to the work being done behind the scenes by the crew and the entire team in the background. We are so proud of our community who never give up no matter what they are faced with.”
It is also clear that there is no local support for another dubious effort to associate the Dublin protestors with Ulster loyalists who have planned some sort of event at the Guildhall in Derry on March 23.