The High Court has refused to allow two property developers appeal to the Supreme Court against a refusal of planning permission for the construction of 18 apartments on lands at Riversdale House, Rathfarnham, Dublin.
Riversdale House is a protected structure associated with the poet W.B. Yeats.
Mr Roy Begley and Mr Gerard Clarke, with an address at Glenageary, Co Dublin, had sought to take proceedings against An Bord Pleanála while South Dublin County Council (SDCC) and An Taisce were among a number of notice parties.
Mr Begley and Mr Clarke bought Riversdale House, Ballyboden Road, for £1.53 million in May 1999. The house, together with the original gates, piers, and arched bridge, was added to SDCC's protected structures list on June 12th 2000.
In March 2001, the council granted permission for a development of 18 apartments subject to 38 conditions, but that decision was appealed to the planning board which in October 2001 refused permission. The developers claim the board was wrong in deciding the site of the proposed apartments was included within the area surrounding Riversdale House and therefore included in the record of protected structures.
They sought to bring the case to the Supreme Court on the basis, they claimed, that it raised points of law of exceptional public importance which required determination by the Supreme Court.
In a reserved judgment yesterday, Mr Justice Ó Caoimh held the applicants had failed to raise any points of law which would permit the matter to go to the Supreme Court. He was satisfied the legal points identified were not such that it was desirable in the public interest that an appeal should be permitted.