Courts / Galway / Report

Council's refusal to extend time limit for scheme it's own housing unit has agreed to buy into is 'absurd', High Court told

Date
2022-07-19
Stage
Hearing Or Decision
Primary locality
Gort
County
Galway

Summary

In a High Court hearing, Newmar Global Properties argued that Galway County Council's refusal to extend the time limit on planning permission for a nearly complete housing scheme at Tubber Road, Gort, was absurd and lacked a substantial reason. The developer, which is building 120 houses, 11 apartments and a creche, claimed the council's decisions offended natural justice and logic, and that the council had ignored an Appropriate Assessment submitted by Newmar. The council cited a failure to meet a four‑week deadline for further information and an alleged failure to include the assessment in the application. Newmar seeks judicial review to quash the refusals, declare them irrational, and order the council to grant the extensions. The case was allowed to proceed by Mr Justice Charles Meenan and will return to court after the new legal terms begin in October.

Who, what, where, when and why

What: Report matter: Council's refusal to extend time limit for scheme it's own housing unit has agreed to buy into is 'absurd', High Court told. Procedural stage: hearing_or_decision

When:

Why: The court heard that late last year, the developer was concerned that because of delays in construction caused by the Covid-19 pandemic, the planning permission would expire before all the houses are completed. Court evidence reported by CNI

Case subjects

Newmar Global Properties

Applicant

Places mentioned

Secondary Mention
Court Venue
  • High Court
Address Area
  • Tubber Road

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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