Wicklow councillors will be told today details of independent legal advice on the status of a previous meeting in July at which a series of controversial rezoning and planning decisions were made.
The advice was sought following concerns of a number of members of the council about the marathon July meeting, and over whether it had gone beyond a legal time limit. There is also concern over the lack of debate on a number of the rezoning proposals, which were made against the advice of planners.
The rezonings and planning decisions were made as amendments to the draft development plan for the county, which were required under planning law to be made by July 12th.
The marathon meeting, which began on the morning of the 12th, went into the early hours of the following day. Because of the length of the meeting, a decision was also taken to have no debate before taking votes on the amendments, including a number of the rezonings.
At a meeting last week councillors were informed by the County Manager, Mr Eddie Sheehy, that he had sought the advice, after the issue of the time limit was raised by councillors.
Meanwhile, the council has received hundreds of submissions regarding the proposed amendments by the time the public consultation on the amendments closed on Friday evening.
The majority are believed to be from local groups and residents concerned about the impact of some of the rezoning proposals, although a number of film industry figures and organisations are believed to have written in support of a proposal for the rezoning of farmlands for a film studio at Ballyhenry, near Ashford.
Residents and planning groups, including the Wicklow Planning Alliance, have opposed the rezoning, however, because of the size of the site, 172 acres, most of which could be developed for retail purposes. They have also opposed another major rezoning of 120 acres of farmland beside Ballyhenry for employment purposes.
Meanwhile, it has emerged that a Co Wicklow businessman who is a potential beneficiary of two of the controversial rezoning decisions, was restricted by a High Court order from operating as a company director in October 2001.
Mr George Smullen was successful in having his timber shed factory at Timore Lane, Newcastle, which currently has no planning permission, rezoned. A 12-acre field he co-owns at Leamore Upper, also in Newcastle was also rezoned by the council for a medical centre and nursing home.
The order restricting Mr Smullen from acting as a company director for five years, save in certain circumstances, arose from the liquidation of two companies of which he was a director and which left a number of creditors out of pocket.
The total amount involved was £507,760 (€644,855).
A company of which Mr Smullen is a currently a director, Forest Fencing Ltd, trades as Abwood, according to documents in the Companies Registration Office.
Under section 150 of the Companies Acts, people can be restricted from operating as company directors unless a number of requirements are satisfied. One of the requirements is that the company have an issued share capital of more than €25,000. Forest Fencing has an issued share capital of €25,394.60.
Mr Smullen was appointed director in December 2003. He was not available for comment yesterday.
The latest accounts for Forest Fencing (Abwood) show it made a profit of €1.34 million in the year to end December, 2002.