Wicklow councillor fails to declare conflict of interest in controversial rezoning claims de Burca

At a marathon meeting of Wicklow County Council on July 12th 2004 at which the Draft County Development plan was discussed, Fianna Fail councillor Fachtna Whittle proposed the rezoning of land at Ballylusk, Ashford in order to extend the existing quarry and to develop an enterprise park. The quarry is the subject of ongoing legal proceedings by local residents over the past five years who argue that its activities are unauthorised. This view was substantiated by an Bord Pleanala in July 2003 which held that the activities at the quarry had significantly changed and therefore required planning permission.

Councillor de Burca claims that the motion to rezone the land at Ballylusk, Ashford was proposed by Councillor Fachtna Whittle, who is a practising solicitor in the Wicklow area. "Unfortunately Councillor Whittle failed to inform the council that Haughton Mc Carrolls, the solicitor's practice he works for, acts for the quarry landowner and that his own name is on a submission seeking a judicial review against an Bord Pleanala's July 2003 ruling regarding the unauthorised nature of the quarry" says de Burca. "This is unacceptable behaviour in the light of the requirements of Part 15 of the Ethical Framework for Local Government Service. Key sections of the Local Government Act 2001 outline the ethical requirements for local Councillors and council employees with regard to the disclosure of any interest in land or properties" she says.

Councillor de Burca claims that she has examined the Declaration of Interests document that Councillor Whittle was statutorily obliged to submit to Wicklow County Council by July 31st 2004 and that she can see no reference to any interest or professional involvement in the Ballylusk quarry site. "I am also at a loss to understand why Councillor Whittle did not declare his professional involvement with the site in question at the council meeting on July 12th and absent himself from any rezoning decision that was being made by the council" she says. "The effect of the rezoning motion which he proposed will be to compromise both the Bord Pleanala ruling of July 2003 regardng the site, and also the legal proceedings by local residents which are pending".

The Green councillor has also expressed her unease with a number of other rezoning motions proposed by Councillor Whittle at the same council meeting in July, most of which the council planners recommended against. "In particular I have serious concerns about Councillor Whittle's proposal to rezone a 172 acre farmland site at Ballyhenry, Ashford for a major commercial and sports complex, based on information that Ardmore Studios were interested in moving from its Bray location to this site" she says. "It is now clear that this information was not based on fact. Councillor Whittle also proposed the commercial rezoning of land at Timore Lane, Newcastle to facilitate a particular business which is currently operating as an unauthorised development. The council planners also warned against voting for this rezoning motion as it would undermine legal proceedings which the council intends taking against the business in question, but this advice was not heeded".

All of the recent rezoning motions relating to the Draft Wicklow County Development Plan are currently out on public display until September 10th and will be put before the elected members of Wicklow County Council in October or November for final adoption. Councillor de Burca has stated her intention to propose a number of motions seeking to reverse some of the more controversial rezoning decisions that were made at the council meeting of July 12th. "I would hope to have the support of the majority of my fellow councillors in reversing these decisions when we meet to agree the final adoption of the new County Development Plan" she says.

For further information please contact:
Deirdre de Burca on 086-806 1450; email: deburca@wicklowgreens.org