Members of Donegal County Council have been warned that the procedures they have been using in passing Section Four planning motions would probably not stand up if challenged in a court. These procedures allow councillors to overrule decisions taken by the county manager and his planning staff.
At a special meeting attended by the county manager and the council's solicitor, it was explained to councillors why two Section Four motions passed in July have been refused. The meeting, which took place on Monday, was held in committee, meaning the media or the public cannot attend.
Over the past two years, Donegal has passed more Section Four motions than any other local authority. Most occur when an individual is refused planning and then lobbies councillors to get the decision overruled. The former chairman of Donegal County Council, Mr Sean Maloney, has said he believed the system was being abused.
On Monday, the councillors were told that where Section Fours have been challenged in the courts it was found that in order to be lawful, certain procedures had to be followed. Councillors could not just state that they were going to move a Section Four and then vote on it, as has been happening in Co Donegal.