Cost of taking Ferrybank Shopping Centre case estimated at over €400,000

The High Court case relating to the Ferrybank Shopping Centre is estimated to have cost Waterford City and County Council over €400,000.

In July, the local authority withdrew its judicial review of the planning decision made by Kilkenny County Council.

It was subsequently ordered to pay full costs to its Kilkenny counterpart and Dunnes Stores.

In his Monthly Management Report, Chief Executive Sean McKeown has outlined what the council estimates to be the full costs of taking the case.

The local authority’s own costs have been estimated at €195,129.

Meanwhile, Kilkenny County Council’s costs are cited as being €149,027, whilst Dunnes Stores’ costs are significantly lower at €78,179.

In total, the cost of the judicial review to Waterford City and County Council is being estimated at €422,335.

In the report, Mr McKeown noted that the council’s own costs are an estimate pending final confirmation from legal teams.

He continued by outlining how these fees will fit into this year’s council budget.

Mr McKeown said: “Our approved budget for legal fees across the organisation for 2026 is €850,000.

“The financial impact of this case means that this budget provision will be insufficient to cover all legal costs set out above.

“While we cannot be certain at this stage, we expect that our own legal costs associated with these proceedings, totalling €195,129, can be accommodated within the overall budget approved in the current financial year.

“However, it will not also cover the additional liability for the opposing parties’ costs, totalling

€227,206. Accordingly, an additional unbudgeted cost of €227,206 will arise.”

He reassured councillors that this cost will not impact the council’s ability to deliver day-to-day services.

“It is important to note that the additional cost will not result in any reduction in the delivery of essential day-to-day services.

“We remain committed to maintaining the full delivery of essential services.

“We have identified savings, primarily arising from salary and staffing expenditure year to date, including savings associated with vacancies which have not yet been filled.

“These savings provide scope to meet the additional unbudgeted cost of €227,206 without impacting service provision.”

Mr McKeown acknowledged the significant cost that has arisen from filing the judicial review, but reiterated that it wasn’t a decision taken lightly.

“It is accepted that this case has resulted in a significant financial cost to the council. That said, the decision to initiate JR proceedings was not taken lightly.

“It was taken following careful consideration and legal advice and reflected our view that it was the right thing to do in the circumstances.

“The council, on occasion, is required to pursue matters through the courts where there are substantive concerns regarding decisions affecting the public interest.

“Such decisions necessarily involve an element of litigation risk, and a successful outcome cannot be guaranteed.”

He concluded by saying that the council took the case in the public’s interest and that it accepts the court’s decision.

“While the proceedings did not result in the outcome we sought in this case, we accept the court order.

“The decision to take the proceedings was made in good faith and in the public interest having regard to the long- term viability and vitality of Waterford city centre.”

The Ferrybank Shopping Centre has lain largely vacant since its construction in 2008, with the local library service currently the building’s sole occupant.

However, it looked set to open after Kilkenny County Council approved plans for Dunnes Stores to move into the building last August.

This decision was subsequently challenged by Waterford City and County Council through judicial review proceedings.

The local authority contended that Kilkenny County Council failed to carry out an adequate retail impact assessment before granting permission for the development.