Developer challenges refusal of permission for 64 homes in Kildare

Keshmore Homes takes High Court judicial review proceedings to overturn decision

Keshmore Homes claims refusal is unreasonable, irrational and inconsistent in relation to similar applications in the area. File photograph: Bryan O’Brien

A developer has challenged An Bord Pleanála’s refusal of permission for a development of 64 housing units in Co Kildare.

Athy-based Keshmore Homes Ltd (KHL) had sought permission to develop the proposed units at a site in Kildare town adjacent to Loughminane Green housing estate.

The proposed development consists of detached, semi-detached and terraced houses, and eight apartments in a single two-storey block.

After permission for the development was refused by Kildare County Council, KHL appealed to An Bord Pleanála.

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Last November, the board upheld the decision to refuse permission. Represented by Neil Steen, KHL has taken High Court judicial review proceedings aimed at overturning the refusal.

It claims the board’s decision is flawed on several grounds, including alleged failure to consider KHL’s submissions on the application and to give reasons for refusal. It also claims the refusal is unreasonable, irrational and inconsistent in relation to similar applications in the area and was based on an invalid variation of the 2017-2023 Kildare county development plan.

On Monday, Mr Justice Charles Meenan granted, on an ex-parte basis, the developer permission to bring the challenge and adjourned the matter to March.