What was described as a "spoiling action" to frustrate the £250 million (€317 million) Carlton Hotel and Millennium Mall development behind Dublin's O'Connell Street, has been thrown out by the High Court.
Mr Justice John Quirke yesterday dismissed an attempt by Keelgrove Properties to quash a decision of An Bord Pleanala upholding planning permission granted by Dublin Corporation to Shelbourne Developments for the scheme.
It includes a hotel, shopping mall and a 4,000-seat conference centre on sites in Parnell Street, Moore Street, O'Rahily Parade and Moore Lane. Keelgrove had sought leave to legally challenge the planning board's dismissal of its appeal against planning permission.
But Mr Justice Quirke held they were outside the two-month period allotted under the planning laws to bring an application for leave to seek a judicial review in the matter.
The judge heard the board decision to dismiss Keelgrove's appeal had been "given" on May 13th but was not posted in the mail until May 14th. He had to decide whether or not the application to legally challenge it had been made within the period of two months up to and including July 13th or if it was a day late.
Mr Rory Brady, SC, and Mr Michael O'Donnell, counsel for Shelbourne Developments, contended the decision was "given" on the date shown on An Bord Pleanala's document recording its decision (May 13th). Mr Diarmuid McGuinness, SC, counsel for Keelgrove, said the decision had been "given" to his client on the 14th, the date of posting. Mr McGuinness contended the word "given" meant "notified to parties affected thereby".
Mr Justice Quirke said he was satisfied that if the legislature had intended the period of two months be deemed to begin on the date upon which the board's decision was "notified to the parties affected thereby" then those words or some such similar words would have been used in the planning legislation.
He granted Mr McGuinness a certificate for leave to appeal to the Supreme Court on a point of law to decide when a planning decision is "given" having regard to the terms of the legislation.
