THE HIGH Court has refused to grant orders to an equestrian centre overturning Wicklow County Council’s finding that an all-weather track for exercising horses was an unauthorised development.
Devil’s Glen Equestrian Centre, of Ballymaghroe, Ashford, claimed work at the centre – including a 1,000m all-weather track – was an exempt development, meaning it did not need planning permission.
In judicial review proceedings, it sought to quash a June 2009 planning enforcement notice in respect of the development. In opposing the proceedings, the council argued the track was an unauthorised development and it acted properly and lawfully in serving enforcement proceedings.
The enforcement notice was served after the council had sent two warning letters to the centre, the court heard. The centre claimed the council’s action was “illegal” and outside the scope of its statutory functions.
The centre said the notice was based on claims, including that the development would cause an intensification of use and would involve a consequent danger to traffic. There was no evidence to justify those contentions, it argued.
In a reserved judgment yesterday, Mr Justice John Hedigan said the “real thrust” of the centre’s case was to have the court find the development exempt from requiring planning permission.
However, he agreed with the council that it was not open to the court to declare whether or not a development was exempt, save in exceptional circumstances, which did not exist in this case. The centre embarked on “a hazardous course” in continuing to construct the track after the first warning letter, he said.