CONTROVERSIAL legislation used by the Dublin Docklands Development Authority (DDDA) to greenlight building works while sidestepping the normal planning process is being investigated by the European Commission, the Sunday Tribune has learned.

A submission on the legislation was filed with the Committee on Petitions at the European Parliament and was recently ruled an admissible query.

The move by the Ringsend Irishtown & Sandymount Environ­mental Group (RISEG) was partly motivated by plans for the construction of the €200m 'U2 Tower' which has since been put on hold. It has been supported by Kathy Sinnott MEP, who is also vice president of the petitions committee.

If the submission is successful, it could go as far as the European Court of Justice.

RISEG said: "The U2 Tower, if built, will dwarf the village of Ringsend." The legislation is controversial be­cause it allows development of the area to be fast-tracked without having to adhere to traditional planning stipulations. Under the 1997 Act, the authority can prepare planning schemes for particular areas within the docklands after they have been submitted to the environment minister for statutory approval.

There is no statutory third-party involvement and no requirement for a public notice or planning fee. Most controversially, there is no opportunity for a first- or third-party appeal.

Residents in the area believe they are having large-scale development foisted on them without their having any input or right to object. "They make decisions behind closed doors. You could wake up in the morning and find them building a 12-storey office block beside your house," said Damien Cassidy of RISEG.

Sinnott said the legislation "cut out the proper consultation, and the fast-tracking system that they use is also a big problem."

A spokeswoman for the DDDA said that in the absence of any formal notification on the issue, they would be unable to comment.