The High Court yesterday granted leave to challenge the handling by An Bord Pleanala of issues surrounding the proposed development of a waste water treatment plant at Arklow, Co Wicklow.
Mr Michael O'Donnell, for Mr Brendan Hynes, of Balscadden Road, Howth, Co Dublin, secured leave to seek a number of orders against An Bord Pleanala over the proposed development of the waste water plant by Arklow Urban District Council.
The court heard Mr Hynes owned a holiday development beside the site and was concerned at the plant's impact on this and other developments.
Mr O'Donnell said because part of the lands compulsorily acquired for the Arklow plant were owned by Wicklow County Council, and outside Arklow UDC's functional area, they required planning permission.
Part of the land for the plant was within the Arklow UDC area and was thus exempted development. His complaint was that Arklow UDC had sought planning permission only for those lands owned by Wicklow County Council, when the entire application should have been considered.
Mr O'Donnell said his client believed An Bord Pleanala should hold an oral hearing on the proposed development. Mr Hynes had been told by an official of An Bord Pleanala that there was a £120 fee for an application for an oral hearing and Mr Hynes paid that. However, Mr Hynes was unintentionally misled and the fee was actually £180. An Bord Pleanala refused to consider his application but gave no reasons. It had also refused other applications for an oral hearing.
He said An Bord Pleanala was required to give reasons to his client for refusing his application and any such refusal had to be in accordance with fair procedures. His solicitor in recent days had received correspondence from An Bord Pleanala indicating it was not prepared to elaborate on the reasons.
Mr Justice Quirke granted leave to seek a number of orders, including an order returning Mr Hynes's application to An Bord Pleanala to determine properly whether there should be an oral hearing.
He said the leave would act as a stay, pending the outcome of the judicial review, on the determination of the planning application for the plant.