A High Court judge has refused an application by local residents to overturn a Circuit Court's judge's finding that a property development company was entitled to planning permission for a housing development at the Lough Muckno estate near Castleblayney, Co Monaghan.
In May 2002, Circuit Court Judge Deery found in favour of Harrinbrook Properties Ltd which planned to build a holiday village near the lake.
In the Circuit Court, Judge Deery said Castleblayney Urban District Council gave permission for the development on April 11th, 1997 and in October the same year had revoked that permission. The matter was then appealed to An Bord Pleanála. which upheld the appeal against revocation.
In subsequent legal proceedings, local residents contended that the permission had expired and that the company should have applied for retention.
However, Judge Deery held that it would have been unreasonable to expect Harrinbrook to have carried out costly work when the planning permission was revoked. He said the five year period should run fromMarch 27nd, 1988, the date when the revocation was annulled by An Bord Pleanála.
At the High Court yesterday, Mr Justice O'Higgins dismissed the residents' appeal against the Circuit Court judge's findings. He made no order for costs.