Planning tribunal gets down to work

The former minister for foreign affairs, Mr Ray Burke, yesterday sought legal representation at the planning tribunal established…

The former minister for foreign affairs, Mr Ray Burke, yesterday sought legal representation at the planning tribunal established to investigate matters including allegations that he received £30,000 from a property developer.

Mr Michael Bailey of Bovale Developments and JMSE Ltd, the owner of the north Co Dublin lands at the centre of the inquiry, have also requested that they be represented.

The tribunal chairman, Mr Justice Flood, will announce his decisions on the applications on February 2nd. He will also submit an interim report on the preliminary investigations by the tribunal team to the Dail next month.

The tribunal was established by the Oireachtas in October to examine the planning history of 726 acres of land in north Co Dublin, which were the subject of a letter written by Mr Bailey to Mr James Gogarty, then of JMSE, in June 1989.

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The letter included a proposal that Mr Bailey be given 50 per cent ownership of the lands in exchange for "procuring planning permission and building by-law approval".

The inquiry will examine the role of politicians and public officials in the planning history of the lands concerned and the identity of all recipients of payments made to political parties, politicians or officials by Mr Gogarty or Mr Bailey or a connected person.

The chairman stressed that until the preliminary investigation was completed it was not possible to confirm when the public hearings, if any, would begin.

The tribunal would be required to carry out a considerable amount of investigative work and this had begun shortly before Christmas, said the chairman.

Material had been received from "a number of sources" and the tribunal would be in contact with persons and companies who might have relevant documentation and information.

"The tribunal earnestly hopes that all persons who have an interest in the business of the inquiry will co-operate fully in the provision of information and documentation to enable the inquiry to be brought to an expeditious and successful conclusion," he said.

Mr David Martin, solicitor for Mr Burke, said his client was seeking limited representation at the tribunal in relation to the payment of £30,000 previously referred to. He said he was not yet in a position to confirm who would be Mr Burke's counsel.

Mr Garrett Cooney SC sought representation on behalf of JMSE Ltd and its associated companies and directors. The associated companies, now mainly dormant, are: Reliable Construction; Grafton Construction; Barrett Development; Finglas Development; Turvey Estates; Lajos (the holding company); and Helensdale Ltd.

Mr Cooney said the company was prepared to furnish the tribunal with full statements in advance of oral hearings.

"We have not received any requests as yet from the tribunal, but we have been collecting material in anticipation of such a request," he said.

Mr Kevin Neary, of the Newry firm of solicitors Donnelly, Neary and Donnelly, sought representation for the firm. He also requested the right to seek representation at a later stage for the sponsors of a newspaper advertisement which had sought evidence in relation to the controversial lands in north Co Dublin.

In response, Mr Justice Flood said Mr Neary was obliged to name any party seeking representation at the tribunal.

"There is no question of anybody coming here under any sort of cloak. Either they come in as a citizen with a name and address or they don't come in at all," said the chairman.

Mr Neary said he was simply stating that he reserved the right to make an application on behalf of the sponsors at a later date.

The chairman said he could not reserve that right, he could either make the application or not make it. Mr Neary replied that he would withdraw the application.

The chairman also stressed that, as in other cases, the fact that a person was a desirable witness did not automatically entitle them to representation.

Lawyers for Mr James Gogarty did not attend yesterday's hearing at Dublin Castle. However, Mr Justice Flood said he had received a written application for representation from him, which would be considered.

Mr Edmund Honohan SC applied for representation for Clare Manor Hotels Ltd and Mr Gerry Bresnan and Mrs Marie Bresnan.

The couple had applied in 1987 for planning permission for a large number of dwellings on land they then owned at Balgriffin, adjacent to a 250-acre site referred to in the tribunal's terms of reference.

After they sold the land a neighbour was granted permission for a development on the same site. His client was "astounded and suspected something irregular had occurred".

The tribunal was adjourned until February 2nd.