Members of North Tipperary County Council have unanimously backed a motion for the retention of an unauthorised development by a businessman who has been convicted and fined for breaching planning regulations.
Councillors are seeking to force county manager Terry O'Niadh to grant permission for a development on the site of an educational supplies company, run by businessman Noel Duggan at Ballymackey, eight kilometres from Nenagh. Mr Duggan was convicted and fined €1,000 at Nenagh District Court last June for non-compliance with planning enforcement notices issued by the council in relation to development on the site.
A special meeting of the council was called to consider a Section 140 motion under the Local Government Act 2000, submitted by five named councillors, aimed at forcing Mr O'Niadh to grant planning permission to Mr Duggan in respect of the unauthorised development. Mr O'Niadh pleaded with the 19 councillors present not to press ahead with trying to force him to grant permission. He warned that it would be damaging to the reputation of the council.
"I think it is wholly inappropriate to require the chief executive of the council to perform an illegal act. I think it is a wrong decision and it sends out the wrong signals," said Mr O'Niadh.
The motion required the manager to grant planning permission to Mr Duggan, trading as EEC Direct, Glebe House, Killeisk, Toomevara, Co Tipperary, for the retention of and extension to an existing storage and assembly buildings at Garravalley, Ballymackey.
The councillors also wanted Mr Duggan to be granted permission for the construction of a proprietary treatment unit with percolation area, associated car parking, site entrance, new site boundaries and all associated site works. The section 140 motion was submitted in the names of Fianna Fáil councillors John Sheehy, Mattie Ryan and John Carroll, along with Seán Creamer of Labour and Phyll Bugler of Fine Gael.
All 19 councillors present voted for the motion. Council director Tom Barry said unauthorised buildings on the site had to be taken down within four months, but an appeal had been lodged on behalf of Mr Duggan.
Mr O'Niadh said that, having consulted with the council's solicitor and taken senior counsel's opinion, the planning authority was prevented from changing its stance, having previously made a ruling on the issue. "Consequently, it would be unlawful for me to comply with the terms of the notice of motion."
Cllr Tom Berkery (FG) said the motion had the backing of all councillors present. They were not deeming it an illegal act.
Cllr Joe Hennessy (FF) said nobody in business should be forced to knock buildings. "We are depending on the Noel Duggans of this world to keep the economy going. People like this should be fully supported."