LEAVE to challenge a development plan for Kill, Co Kildare, was granted by the High Court yesterday.
Ms Mary Coyle, Kill West, Naas, was given leave by Mr Justice Kelly to seek judicial review against Kildare Co Council for squashing the plan for Kill adopted on September 2nd, 1996.
Mr Edmund Honohan SC, for Ms Coyle, said the order was being sought on a number of grounds, including that the council did not adopt the development plan within the specified statutory period.
In an affidavit, Ms Coyle said she was advised a Co Kildare development plan existed which had been adopted by the county council in or about 19,85, 11 years before the adoption of the development plan now the subject of complaint.
She was also advised the Planning Act required the council to review the plan and vary it, or make a new plan, within five years after the date of expiry.
She added that the council could not do so after five years unless the Minister extended the time. She was informed the council sought such an extension. An extension was granted and expired in June 1996, before the adoption of the development plan on September 2nd, 1996.
Ms Coyle said that as the council did not adopt the plan within the extended period, the plan of "September 2nd was invalid and of no effect.