The High Court has allowed the Minister for Justice, Mr McDowell, and his wife, Prof Niamh Brennan, a further three months to carry out works on their incomplete holiday home in Co Roscommon.
Before Christmas, the High Court cleared the way for the couple to complete the building, near Rooskey, when it decided that Roscommon County Council had wrongly refused to extend planning permission for the development.
After the president of the High Court, Mr Justice Finnegan, gave his judgment on December 21st, he adjourned the case to allow the sides time to consider what the wording of his formal order should be to give effect to his decision.
Following lengthy discussions in court yesterday, the judge made an order directing the council to grant an extension of planning permission for three months "from the date of such extension". This means the extension will run for three months from when it is actually granted - not from yesterday.
Mr Justice Finnegan put a seven-day stay on yesterday's order in the event of an appeal to the Supreme Court. If the council required a further stay, it could apply to the Supreme Court, he said. The couple were also allowed the costs of the case to date, including those of the three- day hearing early last month.
On December 21st, the judge said that if the planning permission had been extended as sought by the McDowells - for three months from August 30th last - it would now have expired and they would get no benefit from it. He added that the proceedings "should achieve something".
The McDowells could still face difficulties when the building is complete because of the council's contention that the house is 2.2 m lower than that for which permission was granted. In further proceedings, the McDowells are seeking damages from the council.
Also yesterday, Mr Justice Finnegan granted a declaration that an order made by the council last October 5th - which refused the McDowells' application for an extension of the duration of planning permission granted on August 30th, 1999 - was made in breach of the provisions of section 42 of the Planning and Development Act 2000 and was outside the powers of the council, null and void and of no legal force.
A further declaration was made that the extension application fully complied with the requirements of section 42 of the Act and that as a consequence, the council was obliged to grant the extension of the duration of the planning permission requested on behalf of the McDowells.
An order was also made quashing the council's decision of October 5th last refusing the application to extend the duration of the planning permission.
Mr Michael Collins SC, for the McDowells, said his clients had a builder ready to finish the project. The judge said it was his intention that that be done forthwith.