The High Court has refused a challenge by Michael and Maureen Larkin to planning permission for agricultural development beside their home at Rathleg, Castlerea, County Roscommon.
Roscommon County Council granted John Heneghan retention permission in February 2023 for a milking parlour shed and roofed dungstead, and to retain and complete a slatted shed with feeding passage and cow cubicle accommodation. Permission was also granted to roof an existing cow collection yard.
The Larkins had made detailed objections concerning issues including slurry storage and spreading, noise, odour, the proximity of structures to their home and an alleged failure to erect the site notice within the required period. They later lodged an appeal with An Bord Pleanála, but it was deemed invalid because the appeal fee was not successfully paid after the cheque was returned for insufficient funds.
In the judicial review, the couple argued among other matters that the site notice was not erected until 5 January 2023 even though it stated that it had been erected on 18 December 2022.
Mr Justice Bradley described Roscommon County Council’s response to that allegation as "sub-optimal" and noted that the council could not definitively contradict Mrs Larkin’s evidence about when the notice first appeared. However, the judge found that the Larkins had not been prejudiced. They had submitted detailed objections within time, and the notice was confirmed to have remained in place for the required later five-week period.
The court also held that An Bord Pleanála had jurisdiction to consider the validity of the underlying planning application, including the site-notice issue, as part of an appeal.
Because the statutory appeal could have provided an effective remedy, and no exceptional circumstances justified bypassing it, the court exercised its discretion against judicial review.
The planning permission therefore remains undisturbed. Costs and consequential matters were left for a later hearing.