Members of a local conservation group have taken a High Court challenge to the proposed development of an aircraft paint-stripping plant at Donegal Inter national Airport.
Mr Justice O'Sullivan yesterday granted leave to Mr Colm Mac Eochaidh, for Ms Maura Gallagher and Mr Thomas Boyd, both members of the Braade/Carrickfin Conservation Group, to take judicial review proceedings challenging the proposed erection at Donegal International Airport, Braade, Kincasslagh, of two hangars for stripping and painting planes and associated development.
An Bord Pleanala and Avipaint Ltd, a Swedish company behind the proposed paint-stripping development, were represented at yesterday's application and did not formally oppose it.
However, both parties stressed through their counsel that they were not conceding anything, and Mr Michael O'Donnell, for Avipaint, said his client was anxious for the matter to be determined by the courts as quickly as possible.
In the action Ms Gallagher, of Mullaghduff, Kincasslagh, and Mr Boyd, of Bunbeg, Gweedore, are seeking a number of orders and declarations, including an order quashing the decision of December 2nd, 1999, to grant permission for the development.
The court was told the site of the proposed development is within the Gweedore bay and islands Special Area of Conservation and that the proposed site for development, or part of it, is within a candidate SAC.
It is claimed the board failed to ensure the site was appropriately assessed under the Local Government (Planning and Development) Regulations, 1994, or properly assessed in accordance with the requirements of the EC (Natural Habitat) Regulations, 1997.
The applicants are also critical of the conduct of an oral hearing into the proposed development. They claim the inspector who conducted the hearing unlawfully refused to accept a written report from their conservation group, having indicated earlier that he would.