Two Tipperary TDs and Dundrum Heritage Group have called on the Government to end the International Protection Accommodation Service contract issued for the former Dundrum House Hotel following a High Court ruling on Monday.
Independent TD Mattie McGrath, Fine Gael TD Michael Murphy and the action group have welcomed the High Court’s quashing of the controversial Section 5 Declaration planning exemption for Dundrum House that allowed it be used as an accommodation centre for IPAS applicants.
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Dundrum Heritage Group, which took the High Court judicial review case, said both Tipperary County Council and Brogan Capital Ventures conceded the case and the Section 5 Declaration was officially quashed in the High Court on Monday.
The quashing of the Section 5 Declaration was no surprise.
In June, Tipperary County Council confirmed it would not contest the judicial review being taken by Dundrum Heritage Group and admitted the planning exemption shouldn’t have been given for the former hotel.
It stated at that time that “the planning authority proceeded on the basis of inaccurate information” and that the “appropriate Assessment Screening Report that accompanied the Section 5 assessment was flawed”.
In the wake of the quashing of the Section 5 Declaration, Dundrum Heritage Group and deputies McGrath and Murphy have called on the Department of Justice to immediately cancel the IPAS contract issued for Dundrum House.
Dundrum Heritage Group has also appealed to Tipperary County Council to use its powers under Section 59 and Section 63 of the Planning Act to force its owners to protect Dundrum House. The group is concerned the historic manor house is “being allowed to rot”.
The group has appealed to the council to issue enforcement notices immediately based on the High Court decision and called for the property to be sold to an operator who will restore it as a functioning hotel and amenity.
“The current strategy has failed. It has been disastrous for Dundrum and the wider Tipperary area from a socio-economic including tourism perspective,” said the action group.
“The hotel is closed, the golf course, gym, swimming pool, restaurant and bar are all shut and 48 local jobs have recently been lost.
“The 300-year-old Manor House, a protected structure, is facing ruin while the community is locked out of this local amenity,” it added.
Deputy McGrath said the High Court ruling confirmed what local communities have been saying for months, that the planning process was flawed and the certificate should never have been issued. He demanded the Government now follow the precedent set in others areas where similar contracts were cancelled.
He said the Government cannot ignore the court’s findings.
“Continuing with this contract would be a gross insult to the people of Dundrum and surrounding areas.
“The High Court judgment means the legal basis for the accommodation arrangement has collapsed.
“We have seen contracts rescinded elsewhere when compliance could not be guaranteed. The same must happen here and I have written to the Minister for Justice calling for immediate action.”
Clonmel TD Michael Murphy echoed Deputy McGrath’s call to the Department of Justice.
He said the decision by the High Court to formally quash the Section 5 Declaration for Dundrum House was a “decisive and welcome development” that confirmed the use of the site under the current IPAS arrangement had no legal or planning basis.
Deputy Murphy appealed to the Department of Justice to “move immediately to “wind down and terminate” this IPAS contract arguing that continuing to spend public money on a contract “rooted in a flawed process is wholly unacceptable”.
“This situation has caused significant damage to Dundrum and the wider Tipperary area. The closure of the hotel and leisure facilities, the loss of 48 local jobs, and the deterioration of a protected heritage building.
“The (High Court) judgement clears the path for proper enforcement and for the site to be restored to its rightful place as a functioning hotel and community asset.”
He paid tribute to the local community, and in particular Dundrum Heritage Group, for their determination in pursuing the matter.
Tipperary County Council was contacted for comment but hadn’t responded at the time of going to press.
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