An independent member of Trim Town Council has pledged to seek a judicial review following the unexpected withdrawal of a planning appeal against a controversial hotel scheme opposite Trim Castle.
The appeal had been lodged by Mr Dermot Kelly of Trim, Co Meath, who is also a senior planning inspector with An Bord Pleanála, together with Cllr Philip Cantwell (Ind) and Prof Anngret Simms of UCD. Technically, the latter two were "supporters", as neither had registered objections to the scheme when it was being considered by the town council, and Mr Kelly was the main appellant.
The Heritage Service, which had expressed serious concerns about the "adverse and unacceptable" impact of the hotel on Trim Castle, was directed not to lodge an appeal by the Minister for the Environment, Mr Cullen.
Since there was no other appeal, the scheme by David O'Brien Development may now go ahead without further impediment on foot of the permission from Trim Town Council in September.
A spokesman for An Bord Pleanála said it had not instructed Mr Kelly to withdraw his appeal because of his position. "We accept that inspectors are entitled to exercise their rights as private citizens," he said.
The developer's architects, Christopher Flynn and Associates, had written to An Bord Pleanála expressing their client's "utmost concern relating to the potential conflicts which may arise in the assessment and determination of the appeal".
As a result, Mr Kelly decided to withdraw it "lest there be any possibility of any misconception or misconstruction by any party or any person that the appeal would not have been determined with absolute impartiality by An Bord Pleanála".
Cllr Cantwell told The Irish Times yesterday he was "absolutely gutted" to discover the appeal had been withdrawn. He was criticised last week by a colleague, Cllr Jimmy Fegan (FF), for being party to an appeal which would delay development in Trim.
Another Fianna Fáil councillor, Mr Vincent McHugh, branded him as "Mr No" for objecting to the hotel and other plans for the town.
