Fingal County Council is to refuse to co-operate with the Government in the development of a new prison at Thornton Hall, Kilsallaghan, in north Dublin.
The council last night passed a motion opposing the Government's plans to site the prison on the 81 hectares (200 acres) of agricultural land and said it would be telling the Minister for Justice that it would "not assist in facilitating this development".
Councillors also voted to place Thornton Hall, a mid-19th century house on the east of the site, on the record of protected structures, a move which has the support of the Department of the Environment.
While the Government does not need to secure planning permission from the council to build the prison, it is likely to need the council's help in the advancement of roads and other infrastructure in what will be a huge development within the Fingal county boundaries.
Fine Gael councillor Leo Varadkar, who proposed the motion, said the council was making a statement that it and Fingal citizens were opposed to the prison.
"We want to make it clear that we will not co-operate to whatever extent within our powers, be it in the provision of work plans, the upgrade of roads or the provision of additional roads."
The Minister for Justice had allowed the council to devise its county development plan without ever mentioning that a prison was planned for Fingal, Labour councillor Tom Kelleher said.
"At no stage did the present Minister for Justice think this council worth consulting. The Minister for Justice thinks we are beneath contempt . . . If it is possible for us to obstruct these plans, we should do so."
County manager John Tierney told councillors that a local authority has a legal duty to provide its district with a clean water supply and adequate sewers.
The council's law agent had also advised that the council is under a statutory duty to provide services to a prison and "the elected members cannot direct that such works cannot proceed", Mr Tierney said.
The law agent's report made no mention of a legislative requirement to provide roads or any other services except water and sewerage. Mr Tierney said he would seek another opinion on whether the council could refuse to co-operate in these matters.
Councillors agreed the motion unanimously and accepted the recommendation of the council's conservation officer Fionnuala May that Thornton Hall be made a protected structure.
The house was of "significant architectural merit", Ms May said. Buildings of a similar style throughout Fingal county are included on the council's record of protected structures.
The Department of the Environment made a submission to the council saying not only was the building of architectural interest but it "would merit a rating of regional importance in the national inventory of architectural heritage".
