A developer has threatened to sue Dublin City Council after they "de-zoned" land in Raheny due to fears of displacing wild geese and a lack of playing pitches in the area.
Councillors voted to zone the land for open space last week which ruled out any housing developments. The change will come into effect on December 14 as part of DCC's Development Plan.
The 17-acre site beside St Anne's Park in Raheny features a number of playing pitches. Councillors from the North Central Area Committee argued the site should be zoned for open use in a motion to the Development Plan.
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They said the playing pitches on the site should be used by local clubs which are "bereft" of sports grounds and added the new zoning was "vital" for the ecosystem in the area which is an "important ex situ feeding site for light bellied brent geese" that migrate to Bull Island from Canada during winter.
In the wake of the "de-zoning", Pat Crean emailed DCC's law agent and councillors warning them Marlet will be "compelled to bring legal action" if the decision is not reversed. He said it was "disappointing" councillors "ignored" advice from Chief Executive Owen Keegan and submissions from Marlet.
Mr Keegan had advised the land be partially zoned for housing and open space. The developer told the council the six pitches on site would be taken over by DCC if the development was to go ahead and added Marlet has "data" that proves Brent Geese do not use the area.
Mr Crean wrote: "The proposed redevelopment of the site includes 5.16 acres of public open space, 4.42 acres of which is laid out in six playing pitches, which is to be taken in charge by DCC. We have data (following detailed surveys since we acquired the site) that proves beyond doubt that the development site is not important as a feeding area for Brent Geese."
Mr Crean added the zoning goes against planning guidelines and warned of legal action. He said: "The Council has failed to comply with its statutory obligations and has made the plan based on incorrect information.
"As private landowners, it is regrettable that unless this is rectified, we will be compelled to bring legal action which will consume valuable court time and resources and cost the taxpayer hundreds of thousands of euros in legal costs."
Dublin City Council declined to comment. Independent Councillor Damian O'Farrell, one of the council members who proposed the zone change, said they are "very confident" in their decision.
He said: "A Z9 zoning is necessary to preserve, provide and improve recreational amenity and open space as well as contributing to biodiversity and ecosystem services. Developers are in the business of land speculation and sometimes it doesn’t work out for them.
"This is one such occasion and I would hope the developer takes a pragmatic approach and contacts DCC with a view to transferring / disposing of the land."
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