SOCCER/Shamrock Rovers' stadium:One of Dublin's oldest GAA clubs have been permitted by the High Court to bring a legal challenge to a decision that the stadium proposed to be the new home of Shamrock Rovers be developed as a soccer-only venue.
The Thomas Davis club of Tallaght want to overturn South Dublin County Council's decision of February 13th, 2006 that the 6,000-seat stadium at Whitestown Way, Tallaght, should be completed for soccer only.
That decision was in accordance with a proposal of the county manager made in 2005. However, after a public consultation process and following a recommendation by the Tallaght Area Committee in November 2005, the manager's proposal was altered to one in favour of a multi-sport stadium, involving the development of a larger pitch suitable for Gaelic games.
The council on December 12th, 2005, unanimously adopted a resolution in favour of that proposal.
However, after the council were told that Minister for Sports John O'Donoghue would provide funding only for a soccer stadium, on February 13th, 2006, they passed a resolution which reverted to the original proposal.
The Thomas Davis club sought leave from the High Court to bring a judicial review challenge to that decision.
In opposing the application, South Dublin County Council and Shamrock Rovers had argued that Thomas Davis had no substantial interest in the matter and were not prejudiced by the decision. It was also argued it was never intended the club would have access to the stadium.
In his reserved judgment yesterday, Mr Justice Iarfhlaith O'Neill said the council decision of February 13th, 2006, individually and exclusively affected the GAA club. The stadium was in the club's area and the GAA club was the most likely to derive the most immediate and frequent benefit from access to the stadium, the judge said. It had established a "substantial interest" in the case and had raised the necessary "substantial" grounds required for leave to be given for judicial review of planning decisions.
On the face of it, the loss of the possibility of any use of the stadium as a result of the February 2006 decision would appear to be a substantial detriment to the Thomas Davis GAA Club. However, the development, if carried out under the December 12th, 2005, resolution, would have a significant potential benefit to the club, he said.