Manager rules against section 140 motions

The new Louth county manager, Conn Murray, has said he will not be implementing section 140 motions passed by councillors this…

The new Louth county manager, Conn Murray, has said he will not be implementing section 140 motions passed by councillors this week, materially contravening the county development plan to allow for the building of two one-off houses near Drogheda.

Both motions relate to the construction of the houses at Killineer, a scenic area with views over the Boyne Valley.

Council planners had turned down planning applications for the dwellings, saying they did not meet the criteria for proper and sustainable development as set down in the county development plan.

Under the Local Government Act 2001, councillors can pass a section 140 motion directing the county manager to grant permission, despite the refusal by the planning department.

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After a lengthy debate on the motions, 24 councillors present at a meeting this week voted in favour of both section 140s.

However, after the vote Mr Murray said he would not be implementing them and that the planning refusals remained as to alter them would be ultra vires.

During the debate on the first motion, to allow for the construction of a dormer house and garage, the council's senior planner, Gerry Duffy, said it was clearly a case of urban-generated housing need and was a material contravention "not based on the sound principles of proper and sustainable development".

Mr Murray advised the councillors that they must be satisfied it accords with proper planning and development.

"If you pass this resolution without that advice, the direction may be ultra vires and I may not be obliged to implement it."

He added: "You must have credible advice to justify going against your own policies. You must comply with the law and at the moment what appears does not comply with the law as set down."

Fianna Fáil councillor Declan Breathnach said the county manager was "playing hard ball with the members and laying down a marker".