User:Albert.white/Tallaght Stadium

Tallaght Stadium is a municipal stadium currently under construction in Tallaght in South Dublin County, Ireland. Building commenced in October 2000, however due to financial problems and legal disputes the construction has been delayed. Construction is now expected to be complete in time for the 2009 FAI Premier Division. The stadium is owned an operated by South Dublin County Council with Shamrock Rovers F.C. as the anchor tenants.

History
The following chronology is taken from the Judgement from the High Court on the Judicial Review.

On 10 February, 1997 South Dublin County Council passed a resolution to lease land comprising approximately 12.18 acres at Whitestown Way for the construction of a Stadium for Shamrock Rovers F.C. On 14 January, 1998 planning permission was granted and on 24 March, 2000 the lease was granted to Mulden International Limited. On 20th October, 2000 Mulden International Limited transferred their lease to Slonepark Company Limited to build the stadium and work commenced in October 2000. Work ceased at the site in November 2001 with the pitch and drainage laid, the main stand almost complete and other buildings in various states of completion.

Following a prolonged period where no work was carried out at the stadium and a refusal by the Planning Authority in December 2004 to extend the lease the Council terminated the lease on 4th January, 2004.

An examiner was appointed to Shamrock Rovers F.C. on 11th April, 2005 and the council engage with discussions with the examiner with regard to the completion of the stadium and its use by Shamrock Rovers Football Club when completed. Following the examinership process a supporters group, the '400 Club' took control of Shamrock Rovers and run the club today as the Shamrock Rovers Members Club.

A public consultation process was begun on 18th July 2005 to complete the soccer stadium at Sean Walsh Memorial Park. Thomas Davis CLG participated fully in the public consultation process. A county Managers report was presented to the Council on 12 December, 2005 which provided for the increase of playing area to accommodate senior Gaelic games and other uses subject to allocation of funds from the Department of Arts, Sports and Tourism. The council then informed the Department of the of the resolution and request clarification regarding funding from the Department.

A reply was received from the Department on 24th January 2006 stating that the Minister could not agree to make funding available for the modified development.

"The recent Council decision to adopt the manager’s report subject to increasing the size of the playing pitch and extending the stands seriously undermines the basis of the previously agreed approach. A larger pitch cannot easily be accommodated within the present site given the buildings already in place and would mean that a future stand at the far side of the existing uncompleted stand would be about half the size as originally envisaged, thus limiting the future capacity to about 4, 500. Given that the ends of the partially completed west stand are curved means that any proposal to extend along the length is likely to involve significantly increased costs. …

In response to the request from South Dublin County Council that funding be provided towards the new development as envisaged by the resolution recently passed by your Council, I wish to confirm that the Minister cannot agree to make the funding available on the basis of the new proposed development."

- Letter from Dept. Arts, Sport & Tourism, 24th January 2006

Acting on the Ministers response the Council voted in favour or proceeding with the original plans on 13th February 2006.

Thomas Davis GAA club instituted judicial review proceedings in the High Court in May 2006. Their main argument was that the decision of the council on 13 February, 2006 to revert to the original plans for the stadium, which did not include a senior GAA pitch, was unlawful. Their submission on the technical point was accompanied by cultural arguments that 'the youth of Tallaght will be restricted to a diet of Association football' and that a soccer-only ground would place the 'applicant at a severe disadvantage in attracting the youth of Tallaght to the club, the sport and the GAA culture '. However the stadium, with the original design, could accommodate junior GAA games as the pitch used at this level fits within the stadium's dimensions. It was only senior GAA games that would not have been facilitated.

The row had several low points that were played out in the media. Some Shamrock Rovers fans unveiled a banner at a league game showing their contempt for Thomas Davis's actions in taking the matter to court. And contrary to the GAA policy of being apolitical Thomas Davis GAA club made it known that the Minister of State Conor Lenihan TD, the local Dáil representative, was no longer welcome at the club because of his support for Minister John O'Donoghue's stance and called for the clubs members to make the stadium a General Election issue.

The judicial review began on 20 April, 2007 and concluded on 14 December, 2007. In the High Court decision Mr. Justice Roderick Murphy found in favour of South Dublin Co. Council and Shamrock Rovers. He found that Thomas Davis had no financial or proprietary interest in the development site having had no agreement with SDCC for its use and noted the extensive facilities they had already been given by the council. And so Thomas Davis were not prejudiced by the decision being made in February rather than late January. The resolution to change the stadium was conditional on additional funding from the Department in the absence of this funding the resolution could not stand or, more properly, could not be implemented. The court concluded that "it would be wrong of the respondent to commit itself to unbudgeted expenditure or to delay the implementation of its resolution of 13th February, 2005. The court, accordingly, refuses the relief sought by Thomas Davis."

An application by Thomas Davis for leave to appeal this decision to the Supreme court was refused by Judge Murphy on 25 January, 2008. Building is expected to commence on the stadium in early 2008.

Funding
The cost of completion of the Stadium is to be paid by the Department of Arts, Sport and Tourism. Once operational 50% of advertising revenue generated by Shamrock Rovers, as anchor tenants, will be paid to the Council.