An action for leave to seek orders quashing planning permission for 263 houses at Delgany, Co Wicklow, has opened in the High Court.
Delgany Area Residents Association Ltd has applied for leave to seek a judicial review of a decision by Wicklow County Council to grant planning permission for the development. It claims the development is essentially the same as a development of 294 houses for which planning permission was sought in 1995 and ultimately refused after an appeal to An Bord Pleanala in 1996.
The association, with an address at Meath Cottage, Delgany, is applying for leave to seek orders quashing an August 1997 decision in favour of the new development and directing the council to reconsider the application in the light of An Bord Pleanala's refusal of the earlier development. The court heard that Avmark Ltd, Hill Grove, Killincarrig, Delgany, applied in 1995 for planning permission for 294 houses. Wicklow County Council granted permission subject to conditions. That decision was overturned by An Bord Pleanala after an oral hearing on the grounds that the development constituted a traffic hazard and was premature pending an adequate roads network. In November 1996 Avmark applied for planning permission for 263 houses. The residents claim this was "essentially the same development . . . to that which had been previously refused by An Bord Pleanala". In August 1997 the council granted permission. The residents claim that between the 1996 refusal of permission by An Bord Pleanala and the 1997 granting of permission by the county council none of the reasons for the board's refusal had materially changed. They claim the council is bound by the earlier decision and cannot depart from it.
In an affidavit, Mr Michael O'Neill, a town planner, said he had examined the development plans. The site was marginally smaller than that for the 1995 development, and as a result there were some minor differences. "However, I say that in substance there is no difference between the two applications, and I can say with certainty that the impacts of the two applications in planning terms would be virtually identical."
In its defence, Wicklow County Council says it is not bound by the 1996 decision because of the "material change in circumstances". In an affidavit, Mr Desmond O'Brien, acting senior executive engineer in the council's planning department, said there were material differences between the two applications. He cited the number of houses, the council's decision to bring forward the time-scale for construction of the Delgany eastwest bypass, and the availability of land for road improvements.
The hearing continues today before Mr Justice Barr.