Friday, 2 May 2008

Jim O'Keeffe and Treasury Holdings

IN THE league of politicians renowned for palling around with property bigwigs, Cork SouthWest Blueshirt Jim O'Keeffe is hardly amongst the title contenders. So Goldhawk was intrigued to see him give two-fingers to the ethics legislation recently by receiving €7,500 from Johnny Ronan and Richard Barrett. Jimbo received these donations in three installments, through three Ronan/Barrett companies.
Those pesky ethics laws state that no TD can receive more than €2,539 from one individual or organisation as Jimbo is well aware, considering he was Fine Gael's justice spokesperson until late last year.

If a TD is unlucky enough to receive more than this from an admirer, he or she must not only swiftly return the dosh to the donor but also report the donation to the Standards in Public Office Commission (SIPO). Moreover, company subsidiaries are also covered in the legislation and are considered one and the same as the parent company.
So, when Treasury Holdings gave O'Keeffe €2,500 last year, he must have presumed that that would be the last he'd be hearing from the moneybags developers. O'Keeffe received another €2,500 from Spencer Dock Development Company Ltd (SDD), the company behind Treasury's mammoth development in the Dublin Docklands. While Harry ‘Point Depot' Crosbie is involved here, Treasury Holdings is the principal shareholder and, indeed, SDD's accounts - which are signed off by Ronan and Barrett - state that "the company is a subsidiary undertaking of Treasury Holdings..."

Jimbo received a third cheque for €2,500 from Treasury's Burlington Road HQ but in the name of Havenview Investments Ltd. The main shareholder here is Real Estate Opportunities Ltd (REO), the booming property venture run by Ronan and Barrett and controlled by Treasury Holdings. The other shareholders are Brossbar - a whollyowned Treasury subsidiary - and Jermyn Investment Properties Ltd, a UK company also associated with Treasury Holdings. To simplify matters, Havenview's accounts - also signed off by Ronan and Barrett - list the "ultimate holding companies" as Treasury Holdings and REO.

None of which says much for Jimbo's statement to Goldhawk that his three donors are completely separate legal entities, something which he says he checked with Treasury Holdings. Happily, O'Keeffe said he contacted SIPO when he received the "entirely unsolicited" donations and he was assured that he was completely in accordance with the rules. This is not strictly true, however, considering SIPO has no role in establishing whether or not a politician's disclosures are genuine - it merely advises politicians on the guidelines. O'Keeffe would not comment on whether or not he believed the dosh to be ultimately coming from the same source anyway, ie Johnny Ronan and Richard Barrett. His Blueshirt colleague, Leo Varadkar, recently denounced Beverly Flynn, for "breaking the spirit" of the legislation by pulling a similar stunt.

Interestingly, O'Keeffe received a fourth cheque for €2,500 from Ronan and Barrett through Castle Market Holdings Ltd but returned it when the pair told him that this company was a Treasury subsidiary.

The Pheonix

www.buckplanning.ie

Dowra Marina Project blown out of the water

Huge blow to economic prospects in village says Feely

A development involving the construction of a 16-berth marina on the river Shannon between Lough Allen and Annagh Upper, near Dowra, and the creation of a navigable channel by Waterways Ireland, has been scuttled by An Bord Pleanála.

The Bord refused permission for the development last week, overturning a decision made by Leitrim County Council last July to grant premission for the project subject to conditions.

The decision to refuse the development has been lashed by Fianna Fáil Councillor John Paul Feeley, who claimed that the people of rural Ireland no longer have any confidence in the planning appeals board.

The appeal was brought to An Bord Pleanála by a number of parties including: Kevin Deering from Swanlinbar; An Taisce; the Department of Environment, Heritage and Local Government; Cavan Leitrim Environmental Awareness Network Ltd; Action for Thoughtful use of natural resources and Water World Europe.

The board gave three detailed reasons for refusing the application. It said that it was not satisfied that an appropriate assessment of the affects of the development had been carried out based on the Environmental Impact Statement and other information in the application.

It found that it had not been established that the proposed development would not have a significant adverse impact on populations of Irish Pollan, an Annex V species or their spawning grounds and that the boating activities would not result in the introduction into the area of the highly invasive Zebra Mussel, with serious impacts on the River Shannon ecosystem.

The board also considered that the proposed development, due to its isolated location and unserviced rural area at a remove from the nearby village of Dowra, would be at variance with the general provisions of the Leitrim County Development plan 2003-2009.

The decision has been savaged by local Fianna Fáil Councillor John Paul Feeley, how`s calling for the decision to be reviewed. He said it was a disgrace and a disaster for the area, that Bord Pleanala had given into to what he described as "narrow minded people" who "were plugging a single minded agenda to do down an area".

It seems they want to turn Dowra into a little theme park for themselves. He said that the proposal was to bring the navigation to within one mile of Dowra Village. He described it as a very sensible, balanced and carefully considered proposal.

Cllr. Feeley said that Waterways Ireland is very annoyed about the decision. "We have to refocus on the objective and that it to bring the Shannon navigation as near Dowra as possible and find ways to accomplish that."

He said the project had the widespread support of the local community and for An Bord Pleanála to it down is essentially saying "to the people of rural Ireland, you opinions do not matter".

Mr Feeley said that the people of rural Ireland had no confidence in Bord Pleanala. "The operation and activities of The board needs to be very carefully examined in the light of this decision".

Tourism chief concerned

Meanwhile, the newly appointed chairman of Failte Ireland North West, Paschal Mooney, has expressed serious concern at the Bord`s decision and voiced his concerns at Monday`s Failte Ireland North West Board meeting.

"There was unanimous agreement that this decision could have an adverse effect on the tourism potential of the Lough Allen basin and its environs," he said.

"I would strongly urge Waterways Ireland to look at the judgement in detail and to address the objections with a view to re-submitting a further application. The proposed

Canal forms part of a tourism development plan for an area that is socially and economically disadvantaged and if completed would generate significant income for the local economy and the wider Leitrim, West Cavan and North Roscommon region," concluded Mr. Mooney.

However, Speaking on behalf of Cavan Leitrim Environmental Awareness Network Ltd, Mr. Peter Crossan said that the board`s decision was quite comprehensive and wideranging. It was a very definite decision and there was no ambuigity about it. "I`m very pleased about that."

Sean McMahon
Anglo Celt

www.buckplanning.ie

Exclusion by quarry developer at heart of Bord Pleanala hearing

THE approach of the Kilkenny Block Company, Troyswood, Kilkenny towards local people in its attempt to start a huge quarry operation at Clashacrow, Freshford was described by one local resident as being one of selective exclusion.

Mild mannered Richard Gordon did not mince his words at the Bord Pleanala hearing into the proposed quarry on Thursday afternoon. Held over two days at Hotel Kilkenny it attracted a large number of people including Green Party Tls Mary White who supported local opposition to the plan.

He claimed that neither he or his neighbours had been contacted by the block company or any of its advisors at any stage of the planning process to date.

"The EIS report submitted by the block company to the County Council included a map which excluded many of the homes belonging to local residents. The EIS report excluded any impacts of the applicants stated intention to subsequently locate the concrete and block manufacturing operations to the proposed quarry site," he said.

He also maintained the report excluded a significant listed buildings from its Heritage assessment - Wellbrook House and also excluded the significant impact the proposed development would have on local equine businesses.

"The applicant has excluded nearly all impact of the proposed development on everybody who lives outside 300 or 350 metres of the site: Dust pollution/noise pollution/water pollution/light pollution/ground vibration/Increased Traffic - no impacts on local residents according to the Applicant's experts.

"It is clear from submissions to the planning authority and evidence at the oral hearing that there are a number of vulnerable people in the local community on the basis of age or serious medical conditions, but again the block company has chosen to apply its "selective exclusion policy" and failed to consult or adequately respond to their concerns and worries on the impacts of the proposed development on their health and welfare," he stated.

He claimed that the boundary map, submitted by the company on which the County Council based their original decision to grant permission was inaccurate. "Land, owned by John Keoghan was included by the Applicant without his permission and without any preconsultation. The correction of this map and the re-submission of it to the County Council has, in my opinion clearly been delayed by the applicant until he was forced to do so at this oral hearing," he said. ;

"With regard to the applicants numerous expert reports and submissions I find it difficult to understand how some of the professional reports clearly lacked a balance in their assessment of the positive and negative impacts of the proposed development, while others /had some serious omissions of relevant facts.

"An EIS means a statement of the effects, which the proposed development, if carried out, would have on the environment. The onus to ensure all impacts on the environment are correctly and fairly presented in an EIS report should rest with the Applicant and not be dependent upon on the extensive work of a local community group like 'Keep Clashacrow/Carrigeen Beautiful Group.

Mary White

Green Party T,D. for Carlow/Kilkenny, Mary White said she went into politics »in 1999 because of a proposed) open cast mining on Mount Leinstpr.

"I am now delighted,/ to support and represent this small close-knit community in County Kilkenny. I support proper planning and sustainable development and while I understand that everything which isn't grown is either mined or quarried I believe that it is the scope and scale of this quarrying development and its location which must be taken into account at the planning stage."

"I want to congratulate the local community on the strength and professionalism of their input at the oral hearing. Their regard for the local area, their homes and their farms was openly demonstrated and shows the depth of local feeling on this issue," she said.

Brenda Cooper

The main objector to the quarry is The Keep Clashacrow/Carrigeen Beautiful Group (KCCBG) which represents 124 people.Many of these people live within a three mile radius of the proposed site.

Brenda Cooper; speaking on behalf of the KCCBG said the site identified for the quarry is in an area of High Amenity (as identified in the Kilkenny City and County Development Plan 2002). This didn't happen by chance, one only has to look around at the beautiful picturesque landscape to realise that this is a very special place. There are green fields everywhere, with cows grazing, and a wonderful array of wildlife that live and thrive in the natural native woodland. The area is serviced with a church and public house and has main road access.

"There are so many reasons; a huge increase in truck traffic, unbearable noise, blasting and excessive dust, peoples wells will be interfered with, there will be more flooding, because even the ordinary person knows that the small river Arigny couldn't possibly cope with the run-off from the quarry. Because it is an Area of High Amenity, that itself contrasts completely with the proposed quarry.

"There is a Mass Rock on the site in question where locals have gone to hear Mass for hundreds of years and this tradition has carried on even into the 21st century. It is referred to in Canon Ca rrigan's History and Antiquities of the Diocese of Ossory. It is also referred to here in the book Threecastles. The previous Bishop, Bishop Laurence Forristal, expressed his concerns very strongly when he wrote to us about this in December 2006.

"Many of the locals speak of the folklore which has been passed down from generation to generation. One such piece refers to the Rath or Raheen in Carrigeen. It is said- that if "you cut a bush in a Raheen the fairies will haunt you". Another piece of folklore refers to the big rocks in Carrigeen called the Jackdaw Rocks. It is said that fairies are supposed to live in the Jackdaw Rocks. (Ref; Threecastles, Eleanor Cantwell). While these references may seem somewhat trivial when we are discussing such serious issues many of the locals, who are now in their senior years, are very concerned about what might happen if all of this is interfered with?

"A poem called Carraigeen, I came across depicts very appropriately, not only my sentiments about the area, but the sentiments of everyone I represent, who object to this proposed quarry.

See the gaily coloured foxglove growing by the hedge

And the faintly scented woodbine trailing o'er the edge

The ivy, yew and holly whose teaves are evergreen

All planted there by nature's hand in the fields of Carraigeen

The Mass Rock in the centre where the priests had oft said Mass

In the far off dismal Penal Days when the people were harassed.

The prayers of att the faithful had echoed o'er the scene

As they knelt upon the hallowed ground in the fields of Carraigeen

The cave beside the Mass Rock where the priest fled on the run

That later served as refuge for the widow and her son

Who were thrown out on the roadway by the landlord cruel and mean

When she couldn't pay the paltry rent in the fields of Carraigeen.

Thank God these days are over. We've peace and rest once more,

We pray for all the gallant men who drove tyranny from our shore.

If you want to know the history of the days that once had been

You need only take a stroll around the fields of Carraigeen.

Kilkenny People

www.buckplanning.ie

Demolition was 'flagrant violation' of law

A MAN who demolished an old farmhouse in an area of scenic amenity on a west Cork headland and built a new house in its place was accused by a judge of "driving a coach and four" through the Planning Act.

David Galvin was convicted and fined €1,500 for carrying out an unauthorised development at Brow Head peninsula on March 22nd last year in breach of section 151 of the Planning and Development Act 2000.

He was also ordered to pay €10,000 in costs and €3,483.25 in expenses to Cork County Council when he appeared before Bandon District Court yesterday.

Mr Galvin had claimed that he had not demolished and rebuilt the original farmhouse but had refurbished it and, as such, it was an exempt development.

However, Judge Gerard Haughton said that having heard two days of evidence from Cork County Council officials, he was satisfied that the council had acted in good faith in bringing the prosecution against Mr Galvin.

He said Mr Galvin had gone all out to get the work done as quickly as possible and "in flagrant violation" of the Planning and Development Act.

"He drove a coach and four through it and I can see little that can be said in mitigation," the judge remarked.

Judge Haughton said he had heard evidence that a house which was on the site on March 6th, 2007, and deemed habitable under the Planning and Development Act, had been demolished by the defendant. He added the development on the site could not possibly be considered a refurbishment of an existing dwelling.

Earlier, the barrister acting for Cork County Council, Tim O'Sullivan, told the court that Mr Galvin had not complied with an enforcement notice that ordered him to cease work on the site.

Seán Taylor, a planner with the council, said the site was located in an area on the peninsula designated as a "scenic amenity" overlooking Barleycove Bay, an area of special protection.

The court heard Mr Galvin believed the complaint the council received in relation to the site was "vexatious or malicious and had arisen from begrudgery".

An enforcement notice was sent to the defendant on May 1st, 2007, ordering that he cease construction and demolish any unauthorised development, but this was not complied with.

Defence solicitor Ernest Cantillon told the court that his client had no previous convictions and he said a conviction would have serious implications for Mr Galvin.

He said Mr Galvin had taken advice from experts that had now been found to be wrong and that he would have to pay the price.

However, Judge Haughton pointed out that the defendant was aware he could have sought retention of the old farmhouse in the development but he had not pursued this course of action.

MICHELLE McDONAGH
Irish Times

www.buckplanning.ie

"Bikes-for-Billboards" scheme exposes major planning flaws

It sounded like a fairytale, yet what was initially hailed as "free bikes" has become one of the biggest planning controversies to hit the capital in years.

The so-called "metropole" plan - whereby advertising company JC Decaux is to swap city advertising space for 450 bicycles has exposed major flaws in the capital's planning system - with elected representatives left out of a deal where they should have been instrumental.

Over the Christmas break of 2006/ 07, 70 applications were filed, followed by another 50 for billboards which are to be erected on public footpaths.

Remarkably, nobody seemed to tell the then Lord Mayor - or indeed the other councillors of this; this despite the requirement under section 183 of the Local Government Act which specifies that the release of public lands is a reserved function, necessitating a vote by councillors.

Yet councillors have not even been allowed to see the already-agreed contract, which officials describe as "commercially sensitive".

What councillors were told was that the non-cash deal was worth €85m to the city, although subsequently it has been claimed that the revenue generated by the billboards is only worth €1M per annum over the 15 year terms.

This scheme has been hit by a number of criticisms - chiefly that by virtue of a single project being split into 120 applications it was project-split and applied to an authority that had a vested interest in approving the scheme. Critics claimed that this meant that to comprehensively appeal the scheme to the Bord would have cost €30,000.

Fortunately for JC Decaux, all applications left with Dublin City Council were approved - with city planners staunchly defending the scheme and denying that there was any conflict of interest for the council to adjudicate on applications arising out of a scheme in which it has a vested interest. However some 24 units were appealed to An Bord Pleanála, resulting in two dozen successive hearings over three days in October - which an inspector herself described as "unprecedented".

Bizarrely the billboards all seem to have been earmarked for less well-healed areas; no application was lodged for Donnybrook, Ballsbridge, Sandymount, or Rathgar. Yet applications were made for Ringsend, Dorset Street, Coolock, and Fairview.

So how much are 120 billboards worth? Intriguingly it is claimed that the larger electronic billboards, displaying 3 different adverts, should each generate €8,000 per month - netting approximately €7M per annum, with the 50 smaller billboards making another €3M per annum. Hence over the 15 year terms the deal may have been worth €150 Million to JC Decaux.

So one estimate now puts each of the "free bikes" in the original deal at each costing the city over €300,000 in terms of foregone revenue. But that's not the only problem. In recommending that the Bord reject all units under appeal, Inspector Jane Dennihey reasoned that the applications were "premature".

One reason for her recommendation was the use by senior city planner of a map, entitled "Zones of Advertising Control", as now exclusively reproduced by Plan.

The hitch here is that councilors claim to have not even seen this map previously - never minded voted on it.

This throws suggests that key planning documents are being decided without any consultation with either the public or elected councillors, resulting in what An Taisce often calls as "rezonings without due process".

Notably the document is broken into areas that correspond with Dublin City Council Development Plan maps - yet equally notable is the absence of an official City Council stamp, or for that matter a date. So the question must be asked: who drew up the map? And by what authority? It is now being acted upon as if it were already adopted policy?

Now the Bord has rejected 18 of the 24 units, permitting some of the smaller bus-shelter size units in pedestrian areas - while refusing all of the larger "Metropole" units which were to be7 sq m and standing 2m off the ground - primarily on grounds of road safety.

The ratio of bikes yielded by billboards was less than 4 per unit, although in Paris JC Decaux provide 13 bikes per unit as well as an annual rental of €2,085 per billboard over 10 years - while Dublin gets no cash over 15 years.

Paris also rolled out a programme of putting in place an additional 300 kilometres of cycle-ways in advance of their scheme.

Intriguingly, the original deal required 75% of all applications to be passed for the scheme to go ahead. However, even though only 72 billboards are now permitted, the deal is still going ahead - and where JC Decaux was to remove 100 existing billboards, as stipulated in each planning permission, city planner Jim Keogan is now saying that only 50 are to be removed - a change which critics say is unlawful.

The units are already under construction although no rental bikes are expected until next spring - and the units are distinctly different from that which was illustrated in the applications, with brown metal mesh detailing replacing what appeared to be solid chrome stands.

Split applications, dubious rezoning maps, and the Bord rejecting all "Metropoles": to add to this the Dublin City Business Association has written to Minister John Gormley asking him "to investigate". The only question is what's next? It's over to you, Minister.

Ruadhán Mac Eoin
Planning Magazine

www.buckplanning.ie

M50 works holding up opening of first Ikea superstore

THE opening of the state's first Ikea store could be held up for a year due to delays in the upgrade of the M50 motorway.

Under the Swedish store's planning conditions, it cannot be opened on the outskirts of Ballymun in Dublin until a crucial interchange is completed by the contractors working for the National Roads Authority.

The head of Ballymun Regeneration Limited, Ciaran Murray admitted yesterday that the opening of the €100m flatpack furniture store could be pushed from January 2009 to January 2010 as a result.

"There is certainly a concern there could be a significant time delay," he said.

An Bord Pleanala has insisted on the necessity of the Ballymun interchange upgrade due to fears that the huge traffic levels to Ikea -- 2.8m shoppers or 400 an hour -- could overwhelm the already gridlocked M50.

Costs

Mr Murray told the Dail's Public Accounts committee that Ikea had been lobbying the NRA to get the upgrade completed as quickly as possible.

The NRA had explained this would incur "significant extra costs" from the contractor, SIAC-Ferrovial, which is only obliged to complete the upgrade by mid-2010, said Mr Murray.

"At the moment it really is in the hands of the contractors," he said.

The Ballymun interchange is due to be upgraded as part of major works being undertaken on the M50 to add an extra lane in each direction along the length of the ring-road.

Fine Gael committee chairman Bernard Allen said he wanted to see the opening of Ikea, with its promise of 500 jobs for the disadvantaged area of Ballymun, speeded up.

The company is setting up training programmes and is hoping to fill at least 250 of the jobs from the local area.

In its first year of operation, Ikea will also be forced to close its store during the annual pre-Christmas "Operation Freeflow" traffic programme in Dublin.

Mr Murray also defended the fact that the cost of the Ballymun regeneration project has doubled to €942m and is now set to be delivered six years late.

He said it had been affected by factors such as planning delays, lack of underground mapping and problems in moving the area's 17,000 people to new houses.

The Department of Environment secretary general Geraldine Tallon, said that lessons had been learned for future regeneration projects -- such as carrying out better cost planning and risk assessments.

Michael Brennan Political Correspondent

Irish Independent

www.buckplanning.ie

M50 works holding up opening of first Ikea superstore

THE opening of the state's first Ikea store could be held up for a year due to delays in the upgrade of the M50 motorway.

Under the Swedish store's planning conditions, it cannot be opened on the outskirts of Ballymun in Dublin until a crucial interchange is completed by the contractors working for the National Roads Authority.

The head of Ballymun Regeneration Limited, Ciaran Murray admitted yesterday that the opening of the €100m flatpack furniture store could be pushed from January 2009 to January 2010 as a result.

"There is certainly a concern there could be a significant time delay," he said.

An Bord Pleanala has insisted on the necessity of the Ballymun interchange upgrade due to fears that the huge traffic levels to Ikea -- 2.8m shoppers or 400 an hour -- could overwhelm the already gridlocked M50.

Costs

Mr Murray told the Dail's Public Accounts committee that Ikea had been lobbying the NRA to get the upgrade completed as quickly as possible.

The NRA had explained this would incur "significant extra costs" from the contractor, SIAC-Ferrovial, which is only obliged to complete the upgrade by mid-2010, said Mr Murray.

"At the moment it really is in the hands of the contractors," he said.

The Ballymun interchange is due to be upgraded as part of major works being undertaken on the M50 to add an extra lane in each direction along the length of the ring-road.

Fine Gael committee chairman Bernard Allen said he wanted to see the opening of Ikea, with its promise of 500 jobs for the disadvantaged area of Ballymun, speeded up.

The company is setting up training programmes and is hoping to fill at least 250 of the jobs from the local area.

In its first year of operation, Ikea will also be forced to close its store during the annual pre-Christmas "Operation Freeflow" traffic programme in Dublin.

Mr Murray also defended the fact that the cost of the Ballymun regeneration project has doubled to €942m and is now set to be delivered six years late.

He said it had been affected by factors such as planning delays, lack of underground mapping and problems in moving the area's 17,000 people to new houses.

The Department of Environment secretary general Geraldine Tallon, said that lessons had been learned for future regeneration projects -- such as carrying out better cost planning and risk assessments.

Michael Brennan Political Correspondent

Irish Independent

www.buckplanning.ie