A decision by Trim Town Council to approve plans for a four-storey hotel directly opposite Trim Castle, Ireland's largest and most important medieval fortification, has been appealed to An Bord Pleanála.
However, the Heritage Service is not a party to the appeal despite its serious concerns about the "adverse and unacceptable" impact of the proposed 58-bedroom hotel on the castle's setting.
The Minister for the Environment, Mr Cullen, declined to accept a recommendation from Heritage officials that an appeal should be lodged, saying he was satisfied that the scheme had been revised to mitigate its impact.
The Heritage Service, which operates under the wing of the Department of the Environment, pointed out in letters to Meath County Council that Trim Castle is a national monument of international significance.
"The scale and bulk of the design is, in our opinion, inappropriate in this highly sensitive location", it said. Even with revisions, which included "pulling back" the top floor, the scheme was still seen as unacceptable.
It expressed particular concern about a corner element, four storeys high, which would be higher than the medieval curtain wall of the castle and considerably higher than a protected terrace of estate cottages on Castle Street.
The Heritage Service, formerly known as Dúchas, urged the town council's planners to ensure that the proposed hotel "does not negatively impact \, or detract from, the visual appreciation of Trim Castle." Its final letter sought a copy of the council's decision "as soon as it issues", presumably with a view to considering an appeal. But the only appeal lodged came from third-party objectors, including a local councillor.
The appeal was made by Mr Dermot Kelly, a senior planning inspector with An Bord Pleanála, who is acting in his private capacity in this case. Though he now lives in Bray, Co Wicklow, Mr Kelly is a native of Trim.
Cllr Philip Cantwell (Ind) described the hotel proposed by David O'Brien Development Ltd as "absolutely horrendous" and queried why the Heritage Service's concerns were not mentioned in the council's planning report.
The planner, Mr Aidan Collins, said the principle of building a hotel on the commercially-zoned site was to be welcomed and the revised design by Trim-based architects Christopher Flynn and Associates was one of "high quality".
Commenting on the appeal yesterday, Mr Flynn said he believed it was "grossly unfair". He was not prepared to release photo-montages until An Bord Pleanála had considered the developer's response to the points raised.
But the appellants, including Prof Anngret Simms of UCD, who has mapped medieval towns for the Royal Irish Academy, insist that the development would still be "grossly over-scaled" in relation to its setting.
A spokesman for the Minister for the Environment denied that the Heritage Service had been "nobbled" in the exercise of its functions. He said Mr Cullen had considered its views before deciding not to lodge an appeal.
"On the contentious issue of the size and scale of the hotel, the Minister asked that it be scaled back and this was done to our satisfaction", the spokesman said.
The 1.3-acre site was acquired from the Sisters of Mercy by Trim Town Council in 1996 for £42,250 with the intention of providing a car-park for the people of Trim.
The council agreed to sell it to David O'Brien Development Ltd after a competitive tender, which included consideration of schemes. Despite its proximity to Trim Castle, the hotel proposal was selected as the best.
