Madam, - Just over a year ago, on October 31st, 2005, Frank McDonald reported that judicial review proceedings were brought by the Christian Brothers against Dublin City Council (DCC), requesting that planning permission already granted by the council for a development at Cluain Mhuire, North Circular Road, Phibsborough, Dublin 7, be set aside and "default" planning permission be granted, effectively without any conditions.
A substantial number of appeals against aspects of the original planning decision were lodged by individuals and by the local residents' association to An Bord Pleanála. Coincidentally, the Christian Brothers initiated these judicial review proceedings the day after the first such appeal was lodged.
The matter was settled between the Christian Brothers and DCC on November 1st, 2006 in the Commercial Division of the High Court.
As a consequence of the Christian Brothers' successful proceedings, none of the appeals to An Bord Pleanála in this case will now be heard.
Essentially, the right of the public to participate in, or challenge, the planning process has been nullified by a dispute between the Christian Brothers and DCC, on matters that did not concern the merits or demerits of the proposed development.
I feel that this is a dangerous precedent, which erodes democracy in the public planning process. - Yours, etc,
JIM O'DONOGHUE, Phibsborough, Dublin 7.