A building company has failed to secure leave to bring a High Court challenge to the refusal of An Bord Pleanála to grant planning permission for a development of 17 houses in the village of Kinvara, Co Galway.
Permission was refused by the board on the grounds that it would interfere, contrary to the draft Kinvara local area plan, with a view of special amenity value and with the character of the landscape and would be contrary to the proper planning and development of the area.
In seeking leave for permission to challenge that refusal, Mr James Macken SC, for Durlais Securities Ltd, argued the board erred in law in interpreting the draft local area plan and contended there was no interference with the views, including views of Dunguaire Castle. He argued the board misconstrued the location of the view specified in the plan.
A solicitor for the board, Allen Doyle, argued the board had not misconstrued the location of the view and submitted the company had shown no substantial ground to justify the bringing of proceedings.
Mr Justice John Quirke agreed that a substantial ground had not been identified by the company and he refused leave to bring the proceedings.
