THE FORMER Dublin city architect Jim Barrett has been withdrawn from giving evidence on behalf of Seán Dunne at the An Bord Pleanála hearing on his Ballsbridge development, amid accusations of conflict of interest.
Counsel for Mr Dunne, Micheál O'Connell, withdrew Mr Barrett as a witness following objections from the legal representatives of Dublin City Council, businessman Dermot Desmond and 21 local residents opposing the high-rise development.
Mr Barrett retired from the council last year but had attended pre-planning meetings with the developer, in relation to the scheme for the site of the former Jurys and Berkeley Court hotels, before his retirement.
Dublin City Council's senior counsel John Gallagher told An Bord Pleanála inspector Tom Rabbette that he had been given "no prior notice" of Mr Barrett's attendance. It was "not appropriate that Mr Barrett should give evidence on behalf of the applicants," Mr Gallagher said.
Barrister for 22 appellants Colm Mac Eochaidh said Mr Barrett had represented "the people, the city and the planners" at the pre-planning meeting. "He has now crossed the floor and is advising the developer."
Mr Mac Eochaidh said there appeared to be a conflict of interest. "Where there is the appearance of a conflict of interest, that is enough for the conflict to exist as a matter of fact," he said.
Counsel for Mr Desmond, Michael O'Donnell, said he was not making any comment on Mr Barrett's integrity, but that pre-planning meetings were part of the statutory process and the perception of the process was vital. Mr Barrett had been "in a very senior position and very involved in the process" and his appearance at the hearing was "inappropriate", Mr O'Donnell said.
Mr O'Connell said Mr Barrett was a former employee of the council and had appeared voluntarily at the hearing, but he would withdraw him so as not to distract from the business of the hearing.
Earlier, Ulrick Raysse, the Danish architect behind the development, told Mr Rabbette that he did not know the zoning of the site when designing the scheme. The site has residential zoning and the city council refused 28,000sq m of office space on this basis.
Mr Rabbette asked Mr Raysse if he had been aware of the land-use zoning. Mr Raysse replied:"I don't think we were made aware of any planning issue. We had a brief to stick to, we were asked for a mixed-use development."
