THE HIGH Court has ruled that Michelle Morrison has established the necessary “substantial grounds” entitling her to bring a challenge to the alleged failure of her local council to protect her family’s privacy when dealing with planning permissions for a neighbour’s house in Dalkey.
Ms Morrison, née Rocca, of Kilross House, Sorrento Road, Dalkey, had sought leave from the court to bring proceedings aimed at quashing Dún Laoghaire County Council’s decision to accept a notice of compliance with a planning permission issued for the redevelopment of neighbouring Mount Alverno, where Desmond and Mary Kavanagh live.
The planning Acts provide that judicial review challenges to a planning decision may only be brought if substantial grounds for such challenges are shown.
Yesterday, Mr Justice Michael Hanna said he was satisfied Ms Morrison, who is married to the singer Van Morrison, had established substantial grounds to bring proceedings against the council, with the Kavanaghs as notice parties.
The judge reiterated comments made by him during the six-day leave hearing earlier this year about the ultimate costs of the case.
Those remarks – that the case would cost “an awful lot of money” – were more stark and relevant than ever, as a full trial was likely to take even longer, he said.
In her action, Ms Morrison claims the landscaping proposed for Mount Alverno will cause significant overlooking of her family’s property.
Ms Morrison claims that, before accepting the compliance notice, the council failed to take account of unauthorised amendments to previous permissions granted for the neighbouring property, described by her counsel as a 7,500sq ft (697sq m) “Celtic Tiger-type” house.