What was described as a "spoiling action" to frustrate the £250 million Carlton Hotel and Millennium Mall development behind O'Connell Street, Dublin, has been rejected by the High Court.
Mr Justice John Quirke yesterday dismissed an attempt by Keelgrove Properties Ltd to quash a decision of An Bord Pleanala upholding planning permission which had been granted by Dublin Corporation to Shelbourne Developments Ltd for the scheme. It includes a new hotel, shopping mall and a 4,000-seat conference centre on sites located in Parnell Street, Moore Street, O'Rahilly Parade and Moore Lane.
Keelgrove had sought leave to legally challenge the planning board's dismissal of its appeal against planning permission. But Mr Justice Quirke held they were outside the two month period allotted under the planning laws for the bringing of an application for leave to seek a judicial review in the matter.
Mr Justice Quirke heard that the decision to dismiss Keelgrove's appeal had been "given" by the board on May 13th last but not posted in the mail until May 14th. The point he had to decide was whether or not the application to legally challenge it had been made within the period of two months up to and including July 13th or if it was a day late.
Mr Rory Brady SC, and Mr Michael O'Donnell, counsel for Shelbourne Developments, contended the decision was "given" on the date shown on An Bord Pleanala's document recording its decision (May 13th). Mr Diarmuid McGuinness SC, counsel for Keelgrove, contended the decision had been "given" to his client on the 14th, the date of posting. Mr McGuinness contended that the word "given" actually meant "notified to parties affected thereby".
Mr Justice Quirke said he was satisfied that if the legislature had intended that the period of two months be deemed to commence on the date upon which the board's decision was "notified to the parties affected thereby" then those words or some such similar words would have been used in the planning legislation.
He granted Mr McGuinness a certificate for leave to appeal to the Supreme Court on a point of law to decide when a decision of An Bord Pleanala is "given" having regard to the terms of the legislation.