Objectors to the proposed £35 million five-star Hilton Hotel off College
Green, Dublin, have been given permission to appeal to the Supreme Court over a
High Court refusal to allow them to include another ground in their challenge to the project.
Last month, Mr Justice Morris gave Lancefort Ltd, Ormond Quay Upper, Dublin, leave to challenge the project on two grounds out of the four it applied for.
The company, formed by a number of conservationists to contest environmental issues, was given leave to seek a judicial review.
The judge allowed a constitutional challenge to parts of the Local Government
(Planning and Development) Acts and a review of the obligation under the legislation for an inspector to include a report of his inspection to the board.
The second ground involved seeking declarations that parts of the Local Planning
Acts were repugnant to the Constitution. The judge refused to allow the company to challenge on two other grounds. The company then made an application before
Mr Justice Morris for leave to appeal to the Supreme Court over the refusal to allow it to include the two other grounds in its challenge.
The judge allowed it to take an appeal on the ground of whether An Bord
Pleanala was obliged to have regard to the provisions of an EC directive notwithstanding the inadequate transposition of its provisions into domestic law.