Dear Mr. McGarr
I write to you and your co-signatories further to Mr. X’s letter to you dated the 24th November 2005.
I wish to advise that pursuant to Part 9 of S.I. No. 600 of 2001, Local Government (Planning and Development) Regulations 2001, the Commissioners of Public Works in Ireland following compliance with paragraph 90 sub-article (1) of this Act, considers it appropriate that the proposed Development will be carried out without modification.
Property Maintenance Division
Translation: S. 9 of the quoted S.I exempts, amongst other things, court buildings from the Planning and Development Act 2000. Paragraph 90(1) provides for… well it’s short, so I’ll quote it:
90. (1) A State authority shall, in deciding whether a proposed development is to be carried out, have regard to any submissions or observations made by a planning authority or by any other person or body in accordance with this Part.
(2) A State authority may, following compliance with sub-article (1), decide, as it considers appropriate, that the proposed development will be carried out, with or without variations or modifications, or will not be carried out.
So as long as they “have regard”, the OPW believe they don’t actually have to pay any attention to objections , or even to explain how they came to their decision, they seem to believe.
So now for you. Is all lost? Will the railing kill the living use of one of Gandon’s “Architectural Masterpieces”?
I wonder what will happen next.