A group of Kilkenny city residents have begun a High Court challenge to the proposed development in the city of accommodation for 250 asylum-seekers.
Mr Aidan Walsh SC, for the residents, said that nobody had received notice of the development and not even the local authority had been told. There had been no consultations with local people and it appeared that the secret negotiations had been conducted with a local landowner.
The first the residents knew of the proposed "holding centre" was when machines were moved on to the land, he said.
Mr Walsh said that the Minister for Justice, Equality and Law Reform had made an order under Section 18 of the Planning and Development Act, 2002. This provided that the Minister could make an order for development which was "required by reason of an accident or emergency". The effect of this order was that the planning code would not apply to the proposed development.
The Minister was required to publish notice of his order in An Iris Oifigúil and the local press. This had not been done until notification was published recently in local papers. There were no reasons for the making of the order, as it was not in aid of an accident or emergency situation.
Mr Walsh said it appeared that five residential units, an administration block and a canteen were to be built on the site.
Mr Justice McKechnie granted leave to the residents, who have formed the Dublin Road Action Group, to seek an order quashing the Minister's decision.
The residents also want declarations that the Minister did not have power to make the disputed order and that the development at Leggettsrath, Dublin Road, Kilkenny, is not exempt from planning legislation.
In an affidavit, one of the protesters, Mr Thomas Rothwell, who owns a bed-and-breakfast prem-ises at Dublin Road, Kilkenny, said that no reason had been given for bypassing the normal planning procedures.
He believed that the Minister had contributed, by his inaction, to any shortfall in available accommodation for those seeking asylum in the State.
Mr Justice McKechnie said he noted from a letter sent on behalf of the Minister that no site work would begin before Monday, May 27th.