A PLANNING permission appeal to An Bord Pleanala was ruled invalid because it was received 55 minutes before opening hours on the final day for such applications, the High Court was told yesterday.
Mr George Graves, of Ballylickey Manor House, Ballylickey, Co Cork, was given leave to seek a judicial review of the refusal of An Bord Pleanala to accept the appeal because it was made out of "office hours". The hearing was set for April 28th next.
Mr Graves, a hotelier, is objecting to a decision to grant planning permission to a developer, Mr Raymond Hennessy, c/o Daly Barry and Associates, Harbour View, Bantry, for a hostel and treatment plant together with outfall to sea at Ballylickey, Bantry.
Mr David Barniville, counsel for Mr Graves, said Mr Hennessy was given planning permission on December 19th, 1996, by Cork County Council for his development.
Those wishing to appeal the decision to An Bord Pleanala had one month to do so from the granting of the planning permission. Mr Graves's solicitor had set forth grounds of appeal in a letter dated January 14th last. The letter was hand delivered to a security officer in the offices of An Bord Pleanala on Saturday, January 18th last at 3 pm.
The security officer said he would give the letter to an officer of the board the following Monday, January 20th. At 8.20 a.m. on that date he gave it to a board employee who receipt stamped it.
Mr Graves later heard that the appeal was invalid because it had not been received during office hours. The board's office hours are between 9.15 am. and 5.30 p.m., Monday to Friday except for public holidays and Good Friday.
Granting the application, Mr Justice Shanley said there were substantial grounds for arguing, that the decision by the County Council was invalid.