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The Supreme Court has upheld arguments by An Taisce that
the question of whether a housing and retail development at
Ballymore Eustace, Co Kildare, should be put on hold until
the High Court determines a key issue in the case.
The five-judge court found “exceptional and unusual circumstances”
required the court to revisit its own declaration last year
that Abbeydrive Developments Ltd is entitled to default planning
permission for its proposed development of houses, shops,
a crèche and a medical centre at Ballymore Eustace.
That decision is now on hold pending a future High Court
decision and a possible Supreme Court decision on appeal,
as to whether a default permission may be legally granted
in the absence of an environmental impact assessment as required
by a European directive.
The 2009 Supreme Court declaration, upholding a 2005 High
Court decision, was granted on grounds of Kildare County Council’s
failure to make a decision on Abbeydrive’s planning application
within the eight-week period set down by law.
Abbeydrive applied for the permission on December 2nd, 2002
- and, unless there was a request served for further information,
the eight-week period expired on February 5th, 2003. A notice
for further information was served by the council a day later.
The Supreme Court granted its declaration in July 2009 but
had not made final orders in the case because An
Taisce raised concerns.
An Taisce, which was incorrectly told by the council in 2007
that the planning application was deemed withdrawn and was
unaware of the legal action until it read a newspaper report
in July 2009, raised concerns that a default permission in
the circumstances of the case was contrary to European law.
An Taisce argued the proposed development - because it was
subject to the requirements of a 1985 European directive relating
to Environmental Impact Assessments - could not be the subject
of a default permission.
It said a valid permission could not have been given because
of the council’s failure to assess the EIS submitted by Abbeydrive.
Source - The Irish Times
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