A Section 140 resolution by councillors directing the county manager to grant planning permission for developments only comes into effect when the county manager signs the order, the Supreme Court has ruled, a meeting of Kerry County Council was told yesterday.
The matter was referred to the Supreme Court in the case of Kerry County Council v Lovett by Circuit Court Judge Harvey Kenny. The council is seeking an order to demolish a fully completed dormer house belonging to Mr Kevin Lovett at Bonane, Kenmare, on an elevated site on the main Kenmare to Bantry road.
The council claims Mr Lovett had built his house without permission and had continued to build even though planning permission had been refused by An Bord Pleanála.
Kerry County Council had refused permission on the application but in June 2000, councillors voted to grant permission to the Lovetts in a Section 140 motion. The Lovetts began building the house 30 days after that council resolution.
An Taisce appealed Section 140 within 30 days of the county manager signing the 140 order. The An Taisce appeal was later upheld by An Bord Pleanála and the Lovetts refused permission.
In the Circuit Court the defendants claimed the appeal by An Taisce was out of time as it was not made within 30 days of the council meeting.
The council claimed Section 140 rulings only become valid once the county manager signed the order.
Judge Harvey Kenny referred that matter to the Supreme Court.
Mr Willie Wixted, director of services said yesterday the Supreme Court had confirmed the council's view that a planning decision only becomes valid when signed by the manager.
Kerry County Council faces the full "six figure costs" of the case being referred to the Supreme Court as it was deemed to be a point of public interest.
The Lovett v Kerry County Council goes back before the Circuit Court which sits in Limerick this week.