Key planning shift to pave way for challenges

Date Published: 17-Jan-2013

BY ENDA CUNNINGHAM

A landmark reversal of a planning decision by Galway City Council means that several massive developments – which were stalled by the recession – could retain planning permission.

Rather than going to An Bord Pleanala, golfing legend Christy O’Connor Junior went to the High Court to force the City Council to allow him more time to build three homes overlooking Galway Bay.

The Council subsequently took legal advice and reversed its own decision on the matter.

It’s understood to be the first decision of its kind by the City Council, and now means that a number of major ‘extension of time’ refusals in the past year could be challenged.

This week, Director of Services for Planning, Tom Connell, issued a five-year extension of time on planning permission for the three homes adjacent to Gentian Hill which was nearing expiration.

Three months ago, Mr Connell refused permission for the extension of time on the grounds that part of the site is a candidate Special Area of Conservation (cSAC).

Mr O’Connor was subsequently granted leave in the High Court to challenge that decision.

A spokesperson for Council told the Galway City Tribune yesterday: “We received legal advice to grant an Extension of Time as requested for the maximum period of five years.”

Other refusals for extensions of time in Galway City could now face legal challenges. Last year, NAMA was dramatically refused permission to complete the ‘Gateway Galway’ retail and residential complex off the Western Distributor Road, in a groundbreaking decision understood to be one of the first of its kind in the country.

For more on this story, see the Galway City Tribune.