The High Court ruled today that Roscommon County Council acted outside its powers in denying an extension of planning permission to the Minister for Justice, Mr McDowell, for his holiday home.
President of the High Court Mr Justice Joseph Finnegan said the council misconstrued the scope of their function under Section 42 of the Planning Act 2002, and quashed their decision.
However, he said he would wait until January 11th to make an order that would allow Mr McDowell to complete work on his unfinished holiday home.
Planning permission for the site near Roosky was originally granted in 1998. Mr McDowell and his wife Ms Niamh Brennan bought the site in April 2004 and retained their own architect.
The planned three-level house includes three bedrooms, four bathrooms and storage areas on the first floor; a living room, dining room, study, conservatory, kitchen and utility area on the second floor; and a bedroom, bathroom and dressing room on the third floor.
Mr McDowell applied to extend the duration of the planning permission last August. This was refused by Roscommmon County Council because the unfinished house was built over two metres lower than was permitted under the original planning permission.
Mr Justice Finnegan said the county council had not been entitled to refuse the extension on this ground, under Section 42 of the planning act. "What happened here is that once the council came to the conclusions that there was not compliance, the factors in Section 42 were not looked at, at all," he said.
Mr Justice Finnegan said his verdict related to the decision-making process and not to the decision itself. Costs in the case are expected to be awarded to Mr McDowell.
Mr McDowell, who was not in court, said tonight he and his wife felt "vindicated" by the decision. "We have always contended that we have scrupulously adhered to the law," he said. He also said he intends to sue the county council for compensation.