A High Court judge yesterday described as "more reminiscent of the old Soviet-style bureaucratic system than a modern streamlined planning system" An Bord Pleanála's attitude to a company's attempt to submit to the board documents relating to a housing planning application in Co Wicklow.
Mr Justice Kearns quashed the board's refusal of planning permission to Tower Homes Limited for its proposed development of 25 houses at Delgany, Co Wicklow, and directed the board to reconsider the matter on the basis of a written submission Tower had unsuccessfully sought to have the board accept.
Earlier, Mr Michael Cush SC, for Tower, said An Bord Pleanála had adopted a ludicrous position regarding Tower's attempt to submit documents to it relating to a decision by a board inspector that permission should be refused because some of the houses in the proposed development would be overlooked by others.
On the final date for receipt of the documents, a consultant for Tower had had its submission ready and had arranged, as a precaution to ensure arrival, for it to be sent both by fax and courier to the board by 5.30 p.m.
However, because of the size of the drawings accompanying the submission, only one of seven drawings could be faxed to the board, with a written narrative, while the same written narrative and seven drawings were sent by courier.
The faxed documents were the first to arrive and the board had decided it could not then accept the documents which were sent by courier, although the documents sent by fax and courier constituted the same submission, counsel said.
The board had taken the view the documents sent by courier were a further submission and further submissions could not, under the planning legislation, be accepted.