South Dublin County Council has asked the High Court to restrain any further development works at Weston Aerodrome, Lucan, Dublin, unless the works receive planning permission. Weston was bought by property developer Mr Jim Mansfield for almost €13 million last year.
The council claims works at the complex, including an extension to an existing car-park, an enlarged aircraft hangar together with a new hangar, a new stores area, alterations to a bungalow which now contains a new control tower and roof viewing gallery, a new water treatment plant and a new storage tank are unauthorised and that all require planning permission.
However, Mr Mansfield contends the work done is exempted development.
The council is seeking orders against two companies, Fallowvale Ltd and Weston Ltd, to restrain the carrying out of any development unless they receive planning permission.
Yesterday, Mr James Connolly SC, for the council, read an affidavit of a planning inspector, Mr Jim McInerney, who said the aerodrome licence was granted to Weston Ltd by the Irish Aviation Authority and was valid from October 22nd, 2001 to October 21st, 2002. He had been informed by Mr Mansfield that Weston Ltd had been acquired by Fallowvale Ltd.
In late August 2002, the council became aware that unauthorised development was taking place at the aerodrome and that works were proceeding at a rapid pace. When he carried out an inspection in September 2002, he found significant unauthorised development taking place.
The council had received no documentary evidence that Fallowvale had acquired Weston Ltd and there was nothing in the Companies Office which would indicate any relationship between the two companies.
The issue of whether Fallowvale acquired Weston Ltd on or before August, 2002 was important in deciding if the development at Weston Aerodrome was unauthorised. This was because the only person entitled to carry out certain development at the aerodrome, which was exempted under 1991 planning and development regulations, was a person with an aerodrome licence.
In an affidavit, Mr Mansfield said Mr McInerney had failed to refer to a letter of the council's law agent of October 2002 to Mr Mansfield's solicitor which stated that the "planning authority accepts that Fallowvale Ltd acquired the entire share capital of Weston Ltd on August 9th, 2002 and that Fallowvale Ltd acquired title to Weston Aerodrome on the same day".
The planning inspector also failed to refer to the law agent's letter stating that the only development the council considered exempt was the erection of security fencing and the extension of the runway apron and a taxi-way.
The hearing continues today.