By Tom Arden
The High Court has refused to grant default planning permission for a proposed two-house development on Liscannor Road in Lahinch, despite finding that Clare County Council failed to make a valid decision within the statutory eight-week period.
Brothers Martin and Michael Ryan, building developers based in Limerick City, applied in May 2007 to demolish an existing single-storey house at Dough, Lahinch, and replace it with two two-storey houses and associated works.
Council planners had recommended refusal and prepared a draft order. However, the order was never signed by the authorised official because of an administrative oversight. Mr Justice Hedigan rejected the council's argument that the unsigned internal document nevertheless amounted to a planning decision.
The developers therefore cleared an important first hurdle in their claim for default permission. The court also rejected Clare County Council's argument that their judicial review proceedings had been brought too late, finding that uncertainty continued until September 2007 when the council made clear it would not recognise a default permission.
However, the court held that this did not automatically entitle the Ryans to planning permission.
The proposed development did not materially contravene the Clare County Development Plan. But the North Clare Local Area Plan imposed more specific requirements concerning housing density, traffic access and protection of neighbouring residential amenity.
The proposal had a density of about 32 units per hectare, compared with a Local Area Plan figure of up to 25 units per hectare. The court also identified concerns about vehicles potentially reversing onto a regional road and about overlooking an adjoining property.
Hedigan J said the court could not effectively make a planning decision which Clare County Council itself could not lawfully have made without considering the Local Area Plan. He also took account of objections from neighbouring residents.
The applications for a declaration of default permission and an order compelling the council to grant permission were therefore refused.