The High Court has rejected a challenge to the refusal of planning permission for six glamping cabins on the western shore of Lough Derg near Ogonnelloe, Co Clare.
John Walsh had sought permission to change part of his property at Rahena More from residential use to a recreational camping site, with six cabins, a wastewater treatment system and associated works. The proposal was designed as a car-free development, with guests primarily arriving by water taxi and also potentially by bus, bicycle or on foot.
Clare County Council granted permission in February 2024, subject to a condition governing access. Two third parties appealed and An Coimisiún Pleanála refused permission in March 2025.
The commission concluded that Mr Walsh had not adequately demonstrated that access mainly by boat could be practically enforced. It considered that guests, taxis, service vehicles and other traffic could still use or attempt to use the existing entrance from the R463, a strategic regional road, creating additional turning movements and a traffic hazard.
Mr Walsh argued in judicial review proceedings that the commission had wrongly presumed he would operate the development contrary to his plans and conditions, had failed to decide the application on its merits, relied on irrelevant considerations and had given inadequate reasons.
Mr Justice Richard Humphreys dismissed all five grounds.
The court held that a planning authority or commission is entitled, and indeed required, to examine whether a proposed development is workable in practice. That did not amount to assuming bad faith by the applicant. Even where an applicant genuinely intends to operate a project in a particular way, the decision-maker can assess whether those arrangements are realistic and enforceable.
The judge found that concerns about guest transport, food deliveries, taxis, service vehicles and the suitability of the R463 access were legitimate planning considerations. The commission’s reasons were adequate and its decision remained within the range lawfully open to it.
The proceedings were dismissed, with a provisional order of no costs between the parties unless further submissions were made.