Businessmen can challenge approval for factory outlet

Two businessmen were given leave by the High Court yesterday to challenge An Bord Pleanála's decision to grant planning permission…

Two businessmen were given leave by the High Court yesterday to challenge An Bord Pleanála's decision to grant planning permission for a major development in Dundalk where designer goods would be offered at discounted prices.

The planned development involves the construction of a "factory outlet centre" for 81 retail units on a 13-hectare site and includes a mall, snack bars, covered playground, creche and parking for 1,120 cars and 20 coaches.

Businessmen Desmond Mulholland, Church Street, Dundalk, and Donal Kinsella, Marsh Road, Drogheda, are contesting An Bord Pleanála's decision of February 25th, 2005, giving permission for the development at Dowdall's Hill, Dundalk.

In a reserved judgment yesterday, Mr Justice Peter Kelly granted leave to both men to challenge the decision in judicial review proceedings.

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He adjourned the case to tomorrow to allow the parties time to consider possible dates for an early hearing.

The judge granted leave on two grounds. These were: (1) alleged insufficient reasons given by the planning board for departing from its inspector's recommendation that an Environmental Impact Statement (EIS) prepared by the developer, Coverfield Developments Ltd, was inadequate, and that the planning board was therefore precluded from granting permission; and (2) the alleged inadequacy of that EIS.

Mr Justice Kelly said there was no dispute that the development involved shops which are remote from the manufacturing facility which produces the goods to go on sale. As the inspector had pointed out, the development was not located as part of or adjacent to any production facility, nor was it an ancillary use to any main manufacturing activity anywhere in the Dundalk area.

It was clear the inspector treated the matter as a normal retail development and carried out his assessment on that basis. An Bord Pleanála had on the other hand assessed the application as being for a factory outlet centre to sell discounted brand name goods.

The criteria applying to the siting of a factory outlet centre were different from the criteria which applied to the siting of normal retail outlets, the judge said.