The dispute over a planning application for a pet crematorium in Redcross, Co Wicklow, took a new turn yesterday when county councillors voted to seek a judicial review of the county manager's decision to grant planning permission against their wishes.
On July 10th, councillors voted unanimously on a Section 4 motion directing the county manager to refuse planning permission for the development.
However, he refused to implement the direction and gave as his reason the fact that matters other than those pertaining to planning had been discussed at the meeting. He then went ahead and granted the planning permission.
Councillors yesterday returned from their summer break to vote on a motion seeking a judicial review of the county manager's decision. Fourteen councillors voted for the motion, one abstained and two voted against. Seven councillors were absent from the meeting.
The decision to grant the planning permission was taken by the acting county manager, Mr Hubert Fitzpatrick. He was not present at yesterday's meeting.
Legal advice which councillors received before yesterday's meeting had suggested that the county manager might change his mind. However, the councillors were told by the county engineer, Mr Michael Looby, in his capacity as acting county manager yesterday, that there was no mechanism for a county manager to "unmake" a decision.
Councillors are due to meet their legal advisers today and are expected to return from holiday again next week for another emergency meeting.