The Planning Act has been thrown into complete chaos by a Bord Pleanala ruling last week that a hotel room in Co Donegal can be used as a courthouse, according to a Donegal solicitor, Mr Paudge Dorrian.
He raised the original objection to the venue last January. Last week's ruling meant that the county council could apply for planning permission for a property in which it had no interest whatsoever, he said.
The ruling reversed the decision of Judge Thomas Fitzpatrick in Milford. The only persons entitled to reverse that decision are a Circuit Court judge sitting in the area or a judge of the High Court by way of judicial review, he said.
It was Mr Dorrian who first raised the issue that because there was no planning permission for the Milford Hotel function room to be used as a court room, the proceedings could be deemed to be "tainted in illegality."
Nine other court venues in the county were changed after that ruling. Courts in Donegal now sit only in purpose-built courthouses as opposed to community halls, lounges and hotel function rooms.
Since last Monday's ruling the question has been raised as to whether or not 250 summonses struck out at Milford Court in January could be reissued. Mr Dorrian declared yesterday that in his opinion the 250 people concerned had nothing to worry about. "If they decided to reissue the summonses, there would be lengthy legal battles which would take years to sort out," he said.
Mr Eunan Sweeney, secretary of Donegal County Council, has stated that the council would like to see the 10 court venues reopened.
"It will be a matter for the Department of Justice. There are a number of issues to be discussed and the council will have to consider the implications of this ruling and consult with its legal advisers and the Department of Justice."
Mr Sweeney declined to speculate as to the effect this ruling would have on the nine other venues.
Mr Noel Watters, spokesman for the Department of Justice, said that the Minister, Mr O'Donoghue, had welcomed the decision and was considering the matter with the Attorney General, Mr David Byrne. He hoped to see the 10 courts operating as soon as possible.
Mr Watters declined to make any comment on the planning issue. As to whether An Bord Pleanala could overturn the decision of Judge Fitzpatrick, he said consultation was required.
Mr Dorrian said that the Bord Pleanala ruling raised more questions than it answered and had produced a new definition of "occasional use". The decision does not deal with the full scope of section 3 of the Courthouse Act of 1935, as the obligation under that section is to provide proper courtrooms, including their upkeep, maintenance and use, he said.
The main thrust of Judge Fitzpatrick's findings at Milford in January was in relation to improper facilities in Milford and other venues, Mr Dorrian said.
This ruling will lead to a series of long legal arguments on two counts. The first is the status of summonses which were before Milford Court and the validity of transferring them from one court area to another by ministerial order, which is an apparent abuse of the functions of the judiciary.
The second serious implication of this decision is the chaos it will cause in the planning process, he concluded.
The Donegal South TD, Ms Mary Coughlan, who lobbied Mr O'Donoghue about the matter as soon as he was appointed, said the Bord Pleanala ruling gave rise to hope of a resolution.
"While one cannot be specific in relation to the date the courts might reconvene due to legal complexities, it is certainly a positive development," she said.