The planning status of the Murphy group lands in north Co Dublin in 1989 was "agricultural use" and to date just 74 of the 700-plus acres have achieved a rezoning, Mr Colm Allen SC, for the Baileys and Bovale Developments, told the Flood Tribunal yesterday.
Outlining the planning status of the land at the time the Murphy group sold it to the Baileys, Mr Allen said the land was zoned with no development permitted, no services provided and no proposal to change the zoning.
Arguing that the status of these lands has changed little, Mr Allen said this was a matter of public record and he asked if Mr Gogarty would accept it. Mr Gogarty replied that he fully accepted it and that the changes in zoning which had occurred since the sale were "more than Mr Murphy did in 30 years". He said he gave Mr Bailey "100 per cent credit" adding "he was well able to do it, he could spend £2,000 an acre on it".
However counsel for the tribunal, Mr John Gallagher SC, objected, claiming Mr Allen "is not questioning, this is a statement by Mr Allen. I would suggest that he questions the witness in relation to matters, matters in relation to zoning."