A former senior planner in Dublin Corporation told the High Court yesterday that he had never heard the result of an internal investigation into a planning decision. As a result, the court has asked the corporation to produce a sworn statement by this morning on any further documents it has.
Claims of an internal investigation were made by Mr Michael Gough, now director of economic planning with Dun Laoghaire-Rathdown County Council. Mr Gough was giving evidence in an action by Jerry Beades Construction Ltd, Fairview, Dublin, against the corporation.
Mr Jerry Beades, managing director of the company, told Mr Justice McKechnie his problems arose out of a dispute with the corporation in the mid1990s when his firm was carrying out work on a site at Hardwicke Street, Dublin.
He got permission to erect apartments, but the corporation had alleged he breached his planning permission in relation to the height of the roof. While the building was under construction a number of break-ins occurred, Mr Beades said. He had decided to build a gable wall 2 m high off the flat roof.
A retention application was refused in July 1994 and his appeal to An Bord Pleanala was also unsuccessful.
Mr Gough told the court yesterday he was asked for advice about an "enforcement matter" concerning Mr Beades's site. He realised the security problems warranted some understanding. He wrote a report on June 21st, 1994.
Mr Gough said that, unknown to him, Mr James Muldowney, a senior planner who worked under Mr Gough, had also made a report which had been adopted by Mr Patrick McDonnell, Dublin city's planning officer. Mr McDonnell had said he was taking Mr Gough's report off the file.
There had been an internal investigation later in 1995 but Mr Gough never heard the result.
Mr James O'Dwyer SC, for Mr Beades, said there was a failure by the corporation to produce documentation in relation to the internal inquiry.
When told by Mr George Brady SC, for the corporation, that Mr Brady had been given documentation yesterday afternoon and that counsel had no objection to this being circulated, Mr Justice McKechnie adjourned the hearing until this morning.