The Minister for Justice, Mr McDowell was today granted three months to complete his unfinished holiday home in Rosscommon.
The High Court found last month that Rosscommon County Council acted outside its powers in denying Mr McDowell and his wife, Niamh Brennan an extension to their planning permission.
The president of the High Court, Mr Joseph Finnegan, today made an order to allow the construction of the house in Roosky to go ahead.
"The applicants having satisfied the ground of the Planning Act 2000 Section 42, the respondent (Rosscommon County Council) is hereby directed to determine the application by granting to the applicant an extension of three months from the date of granting such an extension," he said.
He put a stay on the order of seven days to allow Rosscommon County Council time to appeal. If the council does not appeal and grants the extension of planning permission, Mr McDowell will have three months to complete all work from that date.
More than €600,000 has been spent on the unfinished holiday house, which had to be secured against the elements over the Christmas period.
Earlier, senior counsel Mr Michael Collins said Roscommon County Council had been wrong to refuse Mr McDowell and his wife an extension to their planning permission.
The council had claimed the house was significantly different from the one for which planning permission was granted but this was found not to be a valid ground for refusing an extension under Section 42 of the Planning Act 2000.
Mr Collins said that even if the extension was granted, it would provide no benefit to the couple, because the three month time limit, starting from August 30 last year, had already expired.
However, senior counsel Mr James O'Reilly, representing the council, said the granting of extensions was strictly governed by the planning act. "My friend does seem to be asking the court to sit in the seat of the planning authority," he said.
Judge Finnegan said that if delays were imposed which denied someone to their entitlement, the law should not condone it. He granted the order.
Judge Finnegan granted all costs in the case to Mr McDowell .
PA