Plea for Dromahair to make best of refugee proposal for hotel in wake of High Court ruling

Mr Justice Richard Humphreys found the proposed use of the Abbey Manor Hotel in Dromahair village, was not unlawful, as alleged by the council, and “can go ahead”.

Justice Humphreys said owner Dromaprop Limited was entitled to avail of a planning exemption to change the use of the hotel, which shut during the financial crash in 2009, to accommodate “protected persons” under 12-month contract with the Department of Integration.

He refused the council’s request for an order prohibiting the temporary housing of asylum seekers at the premises.

He also found in Dromaprop’s favour in its separate case taken over the council’s decision rejecting its building compliance certificate for works to convert the hotel for use as asylum seeker accommodation.

The council last January declared Dromaprop’s certificate invalid and refused to enter it onto its official register.

The Judge said the firm made out its case that the local authority acted “irrationally, unreasonably and unlawfully” in how it dealt with the compliance certificate application.

Dromaprop, represented by Niall Handy SC and Kevin Bell, instructed by Shannon & O’Connor Solicitors, submitted that the invalidation came unexpectedly, while the council was under local political pressure regarding the proposed use of the hotel.

Mr Justice Humphreys said there was “relatively co-operative” correspondence between the council and Dromaprop before the council took a “startling handbrake turn”.

The “kitchen-sink nature” of Leitrim County Council’s rejection, which ran to hundreds of pages, was “something approximating to an uninformed person’s idea of a clever decision”, as if the council believed more headings was another sandbag against challenge.” he said.

He also upheld Dromaprop’s plea that the council erred by invaliding the certificate because it related only to a completed phase of construction works and did not include the whole building completion.

He also upheld Dromaprop’s argument that the council erred by invaliding the certificate because it related only to a completed phase of construction works and did not include the whole building’s completion.

Dromaprop, which has offices in Lucan, Co Dublin, alleged this was materially incorrect where the only portions of the development not included in the certificate were in the basement, which is not going to be used at all.

The judge said the regulations feature a clear statutory intention to allow partial certification of buildings or projects. He said the rejection was “opaque”, out-of-time and generalised.

He overturned the invalidation decision and found the council is obliged to register the certificate “forthwith”. He said he assumes the council does not need to delay more than about a day to satisfy this “mere technicality”.

Mr Justice Humphreys said there remain some further legal issues in the council’s case relating to alleged noncompliance of internal building works with planning permission. However, he said these matters cannot undermine the legality of the change of use of the hotel.

In considering whether it wishes to press remaining concerns to the “Nth degree”, the judge said the council “can take comfort that not only have any local feelings been ventilated (if that’s relevant, which the council seems to say it isn’t) but the majesty of the law has been vindicated” in that no unlawful act has been excused.

Given the reduced scope of possible noncompliance that could potentially arise, Dromaprop could potentially continue to advance its complaint that it is being “singled out for intense scrutiny”, he said.

A modest pause to the proceedings also allows the company to avail of any mechanisms that could alleviate concerns of the council or the court, he added.

Reacting to the decision, Dromahair based Labour Party local election candidate, Bernie Linnane said she sat through the entire proceedings and was not surprised at the outcome.

“I listened to it all online and I think Leitrim County Council should be questioned on why they embarked on this course of action.

“I suspect that day will come when the order for costs will be made, and I suspect we could be looking at very high costs.

“On listening to the evidence, I was not surprised by the verdict, and it was very clearly weighted in favour of the developers.

“And I believe this will turn out to have been a very expensive exercise.”

When asked for her views on the effect the decision will have on Dromahair she said:

“There is clarity on the situation now so we know that people are going to move into the hotel and from what the judge said it is likely to happen quite quickly.

“Dromahair has two choices in this, we can split the village, or we can pull together as a village and make this work.

“I think we have a fantastic opportunity here to show what can be done when a community pulls together.”

She added: “In practical terms we already have a small group called Dromahair “Welcomes You Group” and I am a member of it and they are working on English language classes in the area who don’t speak fluent English.

“We have people coming forward with toiletries for people who are moving into the hotel and may not have these items.

“There are a small number of Ukrainian people who are living in the village already.

“We will need to see how we can involve the children who will come in classes and games and involved everybody who comes in our community.

“I am not claiming to be representative of all of Dromahair and I am standing for election as I believe there are people who share the same views as I have in relation to welcoming newcomers to Dromahair.

“But equally, even those who don’t share my views should be aware that people are going to be coming to Dromahair so the only thing we can do is choose how we react to.”

She added:“I have been living in Dromahair for around 20 years and my husband’s family goes back hundreds of years here.

“It is not pleasant to see a village torn up like this, but it is a wonderful place to live, and it is a wonderful community and with goodwill people can make this work.”

When asked if she feared the High Court decision would spark protests as were seen last November at the hote;l where “the far right” were allegedly involved.

“I don’t like using the term the far right and it is an “awful term” and I would hate to think that it has a presence in Dromahair at all.

“People in Dromahair are decent, kind, humane people and we can pull together to make the best of a difficult situation for everyone.”

It has been argued that Dromahair does not have the services to cope with an extra 155 residents.

Ms Linnane responded by saying that this is “an argument that is used everywhere where this happens and what can be done is that our local representatives get on with the job of making sure that we get the services and facilities that we need.

“The government have said that there will be a dividend for communities who welcome International Protection Applicants, so Dromahair has to get whatever share that it is due of that dividend.

“And we have to make sure that our local representatives be they councillors or TDs and our community leaders work together to make sure that Dromahair is not left wanting in this situation.

“Of course, people have concerns, and they are very entitled to voice those concerns and I have protested a lot in my own time and a protest is an important way for people to express what their issues or feelings are.

“But protests serve a purpose and then they have limits and when there is no point in protesting, what do you do, you get on with the situation.

“And at this stage, the court has made a ruling, and I am not sure that any protest is going to make the slightest bit of difference.”

North Leitrim Sinn Fein Councillor Padraig Fallon said he supported Leitrim County Council’s decision to take their case to the High Court.

“The Council took the action because they felt that they needed to around planning, and they were of that view and that is okay.

“They felt that they needed to do that, and I would not have an issue with that.

“Planning is a major issue in County Leitrim and rural planning in particular.

“One of the things that I have been asked and will be asked is how can some entities circumvent or not have to go through the processes that those looking to build in our towns or villages, or rural areas have to go through in Leitrim.”

When asked about the controversial issue of who is in favour and who is not in favour of the applicants coming to the village, he said:

“I have spoken to both sides and my understanding from the concerns of those who were not in favour, was that it was not the fact that they were coming to Dromahair but It was the numbers that were involved.

“They did not believe that the infrastructure was in place in the community to deal with that influx.

“Some of those opposed to the numbers said it should have been phased.

“You already have issues in Dromahair around childcare, getting children into the school-but also there are issues around getting people to see a doctor.

“There are concerns that the existing services are somewhat over-subscribed.”

Cllr Fallon said he agreed with those views but “he urged the community to be calm and for the Community Engagement Team to engage with those that have concerns.”

And he added that the proposed 155 number of applicants coming to Dromahair was a bit high given the infrastructure and available services.

“I think that a number of 80 to 100 coming would have been more reasonable.”

When asked if he was surprised by the High Court decision, he said he was not, but added that he had confidence in the Planning Department of Leitrim County Council who felt that they needed to take the action.

“There will now be an onus on the government and the relevant department to make sure that infrastructure is in place for those coming.

“What I have seen is that there is huge frustration around a raft of issues and immigration is the straw that is breaking the camel’s back.

“And it is certainly an issue on the doorsteps.

He continued: “It was inevitable that some local authority was going to take this type of action at some stage, and this could have implications nationally and I think that’s why this case was heard in the timely manner that it was.

“The matter did come up at Leitrim County Council meetings and the general view was that resources needed to be put in place in Dromohair, in my opinion.

“People do have legitimate concerns and the vast majority of people are reasonable.

The Sligo Champion contacted Leitrim County Council for a response to the High Court ruling, but none was forthcoming at the time of going to press.