Councillors fear legal action over planning

Fears have been expressed that any decision taken on future planning of the county could be subject to a personal legal challenge against individual members.

Councillors were discussing the County Development Plan 2022-2028 when they decided to de-zone a portion of land in Oranmore from residential to open space and amenity for local residents.

However, members were informed that this portion of land at Oranhill, Oranmore, had planning permission for housing that did not expire until January 2026.

They were then told by senior officials that this decision could be the subject of a legal challenge by the developers of the site, given that planning permission for housing already exists there.

While councillors voted by an overwhelming majority to de-zone the land for recreational purposes, many expressed concerns that they would be held individually liable for making such a decision.

Members of Galway County Council were discussing the motion from Cllr Martina Kinane (FF) proposing the de-zoning of lands at Oranhill Estate from residential to recreational.

She said that this was to address the need for a balanced approach to providing amenity facilities for local residents in the immediate area.

The Clarinbridge councillor said that there “isn’t a swing between the children” who are living in the estate and wanted this parcel of land de-zoned so that recreational facilities can be put in place.

She was supported by Cllr Geraldine Donohue (Ind) who said that a meeting of the Athenry-Oranmore Municipal Council area had heard that there was nothing in the locality for the younger generation.

Cllr Donohue said that it was a matter that had come up for discussion on several occasions given the fact that the Oranhill area was dominated by houses with little room for play areas for local children.

But Executive Engineer Brendan Dunne informed the meeting that planning had been granted for housing on this particular site and did not expire until January 2026.

And councillors were informed that their decision to de-zone the portion of land could become the subject of a legal challenge and there was no ruling out the possibility that individual councillors could be named in any such proceedings.

Cllr James Charity (Ind), a barrister by profession, said that he was not comfortable making any such decision if it was not indemnified by Galway County Council. He did not believe that any such challenge would stand up in court.

Cllr Joe Byrne (FG) actually suggested that the whole County Development Plan debate be adjourned until clarity was sought on the legal situation with regard to individual members.

“If we make decisions, are we subjected to a legal challenge on an individual basis,” he asked as officials could not provide clarity on the situation but expressed the view that it was a possibility.

Eventually, after an hour and a half long debate, it was agreed to hold a vote and Cllr Kinane’s motion to de-zone the Oranhill Estate lands for recreational purposes was passed with 30 councillors in favour, four against and five who abstained.

Cllr Michael Connolly (FF) said that there was too much hysteria surrounding decisions made by councillors but added that there should always be legal advice available from the Council when it comes to decision-making.