THE owners of a Letterkenny bread distribution business have been refused planning permission to build two warehouses at Tullygay.
Councillor Dessie Larkin brought a section 140 motion before the council on Monday in an attempt to overturn the planning decision. The motion was supported by Councillor Ciaran Brogan but Cllr Larkin failed to secure the 21 votes necessary to carry the day.
Councillor Larkin said as a politician he could accept the vote of the members but it would be "a lot harder for a young business trying to survive to take, particularly given the decision was taken on political grounds rather than being decided on the merits of the planning application," he said.
He was referring to the voting abstentions by the three Sinn Fein Party members, Cllrs Tony McDaid, Thomas Pringle and Marie Therese Gallagher and Fine Gael's Councillor JJ Reid. 18 votes were in favour of the motion.
Cllr Tony McDaid said Cllr Larkin was "being disingenuous in his remarks." He said it was party policy for Sinn Fein to abstain in Section 140 motions as "we believe it is a crude way of overturning planning decisions". He said two other Section 140 motions were withdrawn previously when the councillors realised they did not have the numbers present to support the motion.
"Cllr Larkin's remarks were stage managed for the media rather than any concern for the motion which he realised at the outset would fail," said Cllr McDaid.
The applicants, brothers Brendan and Eamon McGlynn, along with a number of supporters were present in the Chamber during the lengthy debate.
The County Secretary, Mr Eunan Sweeney spent considerable time reading the detailed 17-page refusal into the record.
The site is located on the Letterkenny to Churchill road, approximately 3.5 kilometres from Letterkenny town centre at Tuyllgay, across from Conwal graveyard. Infill has been used to raise the site and small workshop is built on part of the proposed site. A rough entrance has been constructed.
The area has been subject to four previous planning applications for the development of workshops or warehouse buildings on site. One application, relating to Daly's workshop nearby received planning permission pursuant to a section 140 motion granted in May 2005 and has since been constructed.
Planning authorities refused permission on the grounds development on the site would adversely affect the graveyard, holy well and cross structure at the Conwal ecclesiastical site. The proposed development was refused on the grounds it would contribute to sporadic commercial development in a rural area and seriously injure the rural character of the area and monuments. Concerns were also raised about flooding of the nearby River Swilly.
Presenting his case for approving a section 140 motion Cllr Larkin said not one objection had been obtained in relation to the application. He said thousands of people had relatives buried in Conwal yet no-one lodged an objection and the Catholic church did not object. He pointed out that none of the archaeological sites like the holy well had been listed.
Cllr Larkin said that the company's current site in units behind "Lighting Concepts" was too small and posed traffic and access problems.
"Letterkenny is a Gateway town which will be given city status by 2025. The traffic is already impacting on this business which is looking to expand in a site which will be landscaped and set back from the road in two single storey premises. The developer is willing to comply with any regulations in relation to flooding and will not impact on the river or archaeological sites across the road way," said Cllr Larkin.
Cllr Brogan said common sense should prevail and asked members to support the business and the planning application. Cllr Jimmy Harte said he was in favour of the application as it was local businessmen showing a willingness to invest in the area.
Cllr Larkin said the planning application would be revisited and he was still reserving the option to bring it back before the Council. Cllr Larkin said: "I had hoped that the members would've decided on the application on its merits but those members who abstained are not willing to consider any arguments for or against the motion," he said.
Cllr Larkin said he would be meeting with the planners in the coming weeks to discuss if alterations could be made to the application.
Two Fianna Fáil members not present on Monday due to illness, Brian O'Domhnaill's seat remained vacant as a co-option candidate has not yet been selected and a fourth member was in Europe on business, which may have changed the voting outcome.
