Quashing of Glen Ding zoning for quarrying latest twist in long saga

Glen Ding, a large expanse of forest in Blessington, Co Wicklow, has been the subject of bitter controversy since it was rezoned…

Glen Ding, a large expanse of forest in Blessington, Co Wicklow, has been the subject of bitter controversy since it was rezoned for quarrying. In the face of almost 1,500 objections from environmental and heritage groups and nearby residents, Wicklow County Council amended the Blessington Development Plan at a meeting on September 9th, 1996.

That vote has proved to have been one of the most contentious ever taken by the councillors.

Since then, the spotlight has also shone on the Department of Energy's sale of the land to Roadstone Dublin Ltd in early 1992. The valuable State land had not been put out to public tender, but was instead sold privately for £1.25 million.

The company is a subsidiary of Cement Roadstone Holdings Ltd, of which the late Mr Des Traynor, the personal financier of former Taoiseach Mr Charles Haughey, was chairman at the time.

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Roadstone Dublin has vehemently denied that Mr Traynor played any role in relation to the purchase and has stressed that he was a non-executive chairman with no such authority.

In the High Court on Wednesday, Ms Justice McGuinness quashed the development plan for Blessington, ruling in favour of the Blessington Heritage Trust, which had challenged its validity.

The judge also ruled that the then chairman of Wicklow County Council, Mr Godfrey Timmons, was "factually incorrect" in holding that an amendment to the minutes of that meeting proposed by Mr Tommy Cullen was "a simple negative". The chairman's refusal of the amendment "was contrary to standing orders", according to the judgment.

Mr Cullen had proposed that the area be rezoned for amenity and recreational purposes and had demanded that it be recorded in the meeting's minutes.

Unease about the rezoning had been growing. A number of politicians have expressed concern over the decision and Ms Mildred Fox TD, who seconded the motion to allow quarrying at Glen Ding, has since said that the matter now warranted a public inquiry. Her Independent Party colleague, Mr Jim Ruttle, proposed the motion.

The first legal shots over Glen Ding were fired in May 1994 after it was discovered that Roadstone had been quarrying in the area without planning permission.

Blessington Heritage Trust and Wicklow County Council instituted High Court proceedings against the cement company to stop the quarrying. In March 1996 the company agreed to stop quarrying until it had full permission.

A month earlier, Mr Cullen, then chairman of Wicklow County Council, had begun High Court proceedings against the council after he was refused access to documents regarding Glen Ding.

Mr Justice McCracken ruled in his favour and the files - containing evidence gathered by the council in connection with the previous case against the company - were opened for him.

Mr Cullen discovered two letters dated November 11th and 29th, 1994, which revealed a previously unknown agreement between the council and Roadstone in which the council agreed not to pursue the case until the development plan was adopted. This arrangement had not been made known to the High Court. The Blessington Heritage Trust has demanded that the sale and rezoning of Glen Ding become the subject of a public inquiry.

Last year, calls to have the matter investigated by the Moriarty Tribunal were narrowly defeated in a Dail debate.

An attempt by Mr Dick Roche TD to have the Dail Public Accounts Committee look into the matter was also rejected.