The High Court has ordered Michael Rowan to pay the costs of Kerry County Council and neighbouring landowner Tim Mulvihill after rejecting his attempt to invoke special environmental costs protections.
Mr Justice Birmingham had already dismissed Mr Rowan's underlying judicial review proceedings on February 17th, 2012. The later ruling dealt only with who should bear the legal costs.
The dispute arose from planning permission granted by An Bord Pleanála in January 2007 for a single-storey house. One condition required a public road south of the site to be realigned to the satisfaction of the planning authority before development began, with traffic safety given as the reason.
Kerry County Council decided on September 7th, 2011 that the required realignment had been completed to its satisfaction. Mr Rowan challenged that decision.
After losing the judicial review, he argued that each side should pay its own costs under the Environment (Miscellaneous Provisions) Act 2011. That legislation can apply to certain proceedings aimed at enforcing environmental requirements, including planning conditions, where non-compliance has caused or is likely to cause environmental damage. The statutory definition includes risks to human health and safety.
The judge accepted that some of Mr Rowan's arguments had referred to traffic safety and alleged non-compliance with the planning condition. However, he held that the substance of the proceedings was different.
The existing junction between the public road and private road or lane would remain in use regardless of the outcome, including by Mr Rowan. The court also noted that his own actions or omissions would continue to affect sight lines.
Mr Justice Birmingham concluded that the case had not in reality been brought to secure compliance with the planning condition to prevent environmental harm. He characterised it instead as litigation aimed at preventing a neighbouring landowner from building a house.
The 2011 environmental costs regime therefore did not apply. Under the ordinary rule that costs follow the event, Kerry County Council and Mr Mulvihill were awarded their costs.