A couple were yesterday refused leave to bring a High Court challenge to Kildare County Council's decision refusing them outline planning permission for a development of eight bungalows on their lands.
Mr Justice Kelly said he was satisfied that Thomas and Elaine Doyle had not established substantial grounds to show that the council's decision of February 11th, 1997, refusing permission for a development at Oldtown, Athgarvan, was invalid and should be quashed.
He said that the Doyles might have a legitimate complaint regarding how the council had dealt with their application for planning permission.
While he was refusing the application for judicial review, the judge said, his decision did not prejudice the couple's appeal to An Bord Pleanala against the refusal of planning permission. That appeal has yet to be heard.
The judge said he would not award costs to Kildare County Council against the Doyles because the couple had a legitimate criticism, on the evidence before him, of the manner with which their application was dealt.
He noted in particular that the decision refusing permission was signed by the then assistant county manager, not the county manager, and that there was no indication on that document that the assistant manager had signed on the basis of a delegation order.
The judge also refused an application on behalf of An Bord Pleanala for its costs in the hearing. He made no order for costs.