The High Court has refused a judicial review challenge to planning permission for a gaming use at Fairgreen House in Galway city. Mr Justice Conleth Bradley’s judgment, delivered on 9 July 2024, rejected the relief sought by Paul Freeney against An Bord Pleanála’s decision to grant permission to CWC Fairgreen Limited.
The permission, granted on 1 November 2021, allows a change of use of the building’s ground-floor unit from retail to gaming, alongside internal alterations, access works, signage and related development. It is subject to ten conditions, including requirements for detailed plans of the gaming layout and machines, noise-control measures, restrictions on alcohol sales and consumption unless separately authorised, and a contribution towards public infrastructure. The permission restricts the use to the gaming use described in the application unless further planning permission is granted.
Galway City Council had refused the application in June 2021. Its stated reasons included concern that the development would create extensive inactive frontage on two streets and that unrestricted operating hours could cause noise and disturbance to nearby apartments and student accommodation. The developer appealed, and An Bord Pleanála granted permission after considering its inspector’s report. The inspector had recommended a five-year permission; the Board omitted that temporary limit. Its direction said the development would be effectively regulated through the necessary licensing provisions.
Freeney’s challenge raised eight grounds, including alleged failures concerning the application plans and public notices, development-plan policy, reasons for omitting the temporary condition, the Gaming and Lotteries Act 1956, and Appropriate Assessment screening. The court held that several arguments advanced at the hearing went beyond the grounds set out in the judicial review proceedings. It also found that the City Council had not refused permission on the basis of a material contravention of the development plan, so the statutory process relied on by Freeney did not apply.
The judge concluded that the planning and licensing regimes were separate and that the need for any further licence did not prevent the Board from granting planning permission. He also found the notices adequate and rejected the challenge to the Board’s adoption of the inspector’s screening assessment, which concluded that the project was not likely to have a significant effect on a European site.
The ruling concerns the legality of the planning decision. It does not establish that any required gaming resolution, certificate or licence is in place for the premises. The proposed order refuses the judicial review reliefs and lists the case for mention on 15 October 2024 to address ancillary and consequential matters.