Waterford Council takes legal action over Ferrybank Shopping Centre
Ferrybank Shopping Centre. Photo: Joe Evans
Waterford Council has been granted leave to take up a judicial review against the decision of Kilkenny County Council to grant permission for Dunne's Stores to move into Ferrybank Shopping Centre.
Fighting words came from a meeting of south Kilkenny based councillors this week in response to the decision, and Director of Services with Kilkenny County Council, Ian Gardner, said that Kilkenny Council is “prepared to defend to the greatest possible extent” their decision to grant the development permission to progress.
Ferrybank Shopping Centre has sat idle since it's construction was completed in 2008.
In the years since, there has been an endless string of significant setbacks and delays.
Residents in the area and south Kilkenny-based politicians have pleaded with Dunne's Stores to move into the site.
Councillors positioned in and around Ferrybank have fought hard to get the development moving, and to progress what they consider to be an essential development for the area.
Then finally, in June of this year, Dunne's Stores submitted a planning application seeking to open a flagship store within the vacant shopping centre.
These plans were approved by Kilkenny County Council in August.
However, along came neighbouring Waterford City and County Council, who lodged an appeal against Kilkenny Council’s decision to approve the development.
Waterford Council’s appeal was subsequently deemed ‘invalid’, due to a full application not being submitted in time.
Consequently, Waterford Council have now decided to take a legal approach.
A statement provided to the Waterford News & Star this week confirmed that Waterford City and County Council has been granted leave to take judicial review.
The application for leave is the first step in the conventional judicial review procedure.
It means that the Council have expressed that they have sufficient interest in the matter, and have demonstrated that they are affected in some way by the decision of Kilkenny County Council to grant the shopping centre permission to proceed.
The Council has now been authorised to bring forward judicial review proceedings.
Reacting to Waterford's judicial decision this week, councillors in the Piltown Municipal District of South Kilkenny expressed major disappointment and shock.
They say it has “soured” the relationship between the neighbouring authorities.
Cllr Ger Frisby said he was “completely astounded” by Waterford Council’s decision to take up a judicial route.
“We have worked tirelessly with Waterford City and County Council as a municipal area over the last number of years, and I think this just sours that relationship.
"As a public representative who will be speaking with Waterford Council colleagues on the other side, this is a very disheartening and shocking decision to make.”
Cllr Fidelis Doherty added that Waterford Council was moving “in a very confrontational and disingenuous way.”
Cllr Jenny Catt Slattery meanwhile, expressed the importance of the centre progressing.
“This development represents a very significant opportunity," she said.
“It is bringing jobs, investment and a long overdue commercial investment to an area that’s waited too long for progress.
"I really hope this matter can be resolved promptly and that a greater correspondence and mutual understanding can prevail between the neighbouring authorities for the benefit of all the people in the area along our shared border.”
