A round-up of the other courts stories of the day
Court rejects Weston airport's challenge to planning refusal
THE HIGH Court has rejected a challenge by Weston Executive Airport to a decision by An Bord Pleanála refusing it planning permission for six hangars.
Weston had sought a judicial review of the board’s decision of March 20th, 2009 refusing permission for six conjoined light aircraft hangars at the northern end of the airport. South Dublin County Council and the Combined Action on Weston Aerodrome Group were notice parties to the case.
Weston (formerly Weston Aerodrome) claimed the board’s decision was irrational and speculative and also alleged an “erroneous” report from a board inspector had undermined its decision.
Mr Justice Peter Charleton yesterday rejected Weston’s application saying it had failed to establish the required substantial grounds for judicial review.
The judge said the board had previously refused a similar application in 2003 for six aircraft hangars very close to the location of the most recent application.
It had permitted one hangar and associated works, saying this was consistent with existing use and character of the airport.
Rejecting the latest challenge, the judge said the inspector’s report was scrupulously balanced and was not speculative. The court had no legal authority to substitute any view it might have for that of the inspector unless those views were manifestly unreasonable, the judge said.
Man loses action against city council
THE HIGH Court has rejected a challenge by Weston Executive Airport to a decision by An Bord Pleanála refusing it planning permission for six hangars.
Mr Justice Iarfhlaith O’Neill said Eamon Metcalfe (58), Clontarf Road, Dublin, was the author of his own misfortune and, while he had a good deal of sympathy for him, he was dismissing his claim against Fás and Dublin City Council over the incident in 2001.
The judge heard Mr Metcalfe, a database supervisor with Fás, realised after 5pm on March 23rd, 2001, that he was locked in. He sought assistance from the fire brigade and gardaí. He said he was anxious to get home to assist his mother.
At about 7.30pm, he put a ladder up against a fence and jumped from that fence to the ground but suffered injuries.
The judge said the cause of Mr Metcalfe’s injuries was his own negligence.
Retired teacher rejects sex claims
A retired teacher has asked the High Court to quash what she claims are two unfair reports by the HSE into allegations she sexually abused a nine-year-old pupil in the early 1990s.
It was alleged the teacher inappropriately touched the boy when he went to the toilet on a number of occasions.
Described by her counsel as one of the most sought- after teachers working with children with particular special needs, the 70-year- old woman strenuously denies the allegations.
The court ordered yesterday that nothing should be published which would identify the complainant in the case.
The applicant wants declarations that the HSE acted unreasonably or irrationally in regard to how the reports were compiled and failed to give her an opportunity to respond to the allegations.
The HSE denies her claims.
The case continues before Mr Justice Daniel O’Keeffe.