A retired merchant seaman began a Supreme Court appeal yesterday against the High Court's refusal to permit him to bring a challenge aimed at overturning planning permission for a €400 million tourism resort centre near Kinsale, Co Cork.
Thomas Harding of Ardback Heights, Kinsale is appealing the High Court's decision that he had not established a sufficient "substantial interest" to give him the necessary legal standing to bring a judicial review challenge.
Mr Harding wants to overturn the granting in October 2005 of planning permission by Cork County Council to Kinsale Development Ltd, Ballyvolane Business Park, Cork, formerly XCes Projects Ltd, for the building of the centre at Preghane, Ballymacus, Kinsale, in October 2005.
The proposed resort includes a hotel, conference building, a resource centre, spa, offices, restaurant, bar, car parking facilities, an 18-hole golf course, an equestrian centre and 191 lodges/apartments.
Mr Harding claims the development should not be permitted because of its proposed location in a scenic landscape and a proposed natural heritage area overlooking Kinsale harbour and Castlepark peninsula.
Cork County Council claims Mr Harding did not have the required legal standing to bring the judicial review challenge as he was not the owner of any property in the area, and had lived for only certain periods at Ardback Heights, which was about 2km-3km from the site of the proposed development.
Mr Harding has rejected that argument and said he had lived all his life in the area of Kinsale harbour and grew up as a child in the Ballymacus area where it was proposed to build the development.
The appeal hearing before the Chief Justice, Mr Justice John Murray, Mr Justice Nicholas Kearns and Mr Justice Joseph Finnegan, continues today.