Judgement of the High Court delivered on 14th December 2007 regarding the completion of a sports stadium at Whitestown Way, Tallaght for use by Shamrock Rovers Football Club.
Judgment was delivered today in the High Court by Mr Justice Roderick Murphy in favour of South Dublin County Council in a Judicial Review case, taken by Cumann Tomas Daibhis, challenging a resolution to complete the development of a sports stadium at Whitestown Way, Tallaght for use by Shamrock Rovers Football Club.
Planning Permission was granted by an Bord Pleanala in January 1998, construction work commenced in October 2000 but was ceased in November 2001 and was not substantially completed during the life of the relevant planning permissions.
A Public consultation procedure in accordance with the Planning and Development Act 2000 and Part 8 Regulations 2001 to 2003 commenced to complete the stadium in July 2005 and a resolution was passed in December 2005, to modify the proposed development to include facilities for other sports and uses. This resolution was passed subject to additional funding from the Department of Arts, Sports and Tourism. The additional funding required was not made available by the Department and the Council, on 13th February 2005, voted in favour of proceeding with the development as originally planned.
The Court in determining the matter in favour of South Dublin County Council was of the view that it would be wrong for the Council to commit itself to unbudgeted expenditure or to delay the implementation of the resolution to complete the stadium and refused the reliefs sought by Cumann Tomas Daibhis.
The Council will, subject to confirmation on any possible challenge to the Supreme Court on a point of law, commence negotiations with the Department of Arts, Sport and Tourism to agree funding arrangements and with the contractor to negotiate the recommencement of works at the earliest possible date.