The High Court yesterday quashed Wicklow County Council's adoption of a development plan for Blessington which had rezoned Glen Ding Wood to allow for quarrying by Roadstone. Ms Justice McGuinness said her decision did not prevent the council from adopting a plan for the Blessington area. It would give the council an opportunity to reconsider zoning matters, she said.
The proceedings were taken by Blessington Heritage Trust Ltd. It claimed that, in addition to the natural amenity value of Glen Ding Wood, there were sites of major archaeological and historical significance in the area.
The trust had sought an order quashing a decision of the council of September 9th, 1996, which adopted a development plan for the Blessington area. The trust claimed the council adopted the plan when the appropriate period for reviewing the development plan had expired and the Minister for the Environment had not yet granted an extension. It further claimed the Minister had no jurisdiction to validate retrospectively the council's decision.
Ms Justice McGuinness said Roadstone had purchased lands at Deerpark, Blessington, including part of Glen Ding Wood, from the Department of Energy in January 1992 for £1.25 million.
Following court proceedings in 1994, Roadstone agreed not to quarry until it secured planning permission. The application for permission was to be made within four months of the adoption of a then proposed development plan for Blessington. Ms Justice McGuinness said Roadstone had abided by the undertakings.
The county development plan was due for review in 1994. The Minister granted annual extensions up to September 6th 1996, when the council sought another extension. Three months later, on December 19th, the Minister issued an extension to the end of 1997. On September 9th, 1996, three days after the expiry of the previous extension, the council voted to amend the draft development plan.
This amendment allowed for the rezoning of part of the Glen Ding Wood lands to allow for quarrying and related activities. Roadstone later applied for permission to extract sand and gravel.
Ms Justice McGuinness granted an order quashing the council's decision to adopt the draft plan of September 9th, 1996. She found the decision was outside the time limit set for a review. She held the Minister had jurisdiction to extend the period for review of a plan, but that such an extension was not retrospective.
The judge held that on the face of the council's minutes of September 9th, 1996, as amended by the minutes of October 14th, 1996, the then council chairman was "factually incorrect" in rejecting an amendment put forward by two councillors seeking the zoning of the Glen Ding Wood area as an amenity area in the draft development plan.