LEAVE was given in the High Court yesterday for a group to challenge the decision of Wicklow County Council to adopt a development plan for the Blessington area.
Blessington Heritage Trust Ltd, a group concerned with protecting the amenities of the Blessington area, is seeking an order quashing the decision of the council to adopt the plan.
It is claiming that the adoption of the plan by the council was made outside the period provided for under the Local Government (Planning and Development) Act and is also alleging that the Minister for the Environment has no jurisdiction to extend the period.
Mr Justice Kelly, who granted leave for the judicial review, was told the council adopted the county development plan for Co Wicklow in March 1989 and it was to be reviewed on or before March 1994.
The Minister had extended the review period until September 1996.
In an affidavit Mr Colm Coogan, Ashton Park, Blessington, said he was secretary of Blessington Heritage Trust Ltd, a company whose principle objective was to protect the amenities of the Blessington area and to promote development appropriate for that area.
Mr Coogan claimed the currents development plan for the area was the 1989 Co Wicklow Development Plan, which was out of date.
He also alleged that planning applications were being determined on the basis of a plan that was now out of date.
Mr Michael O'Donnell, counsel for Blessington Heritage Trust, claimed that any variation or a plan or the making of a new one must take place within a five year period.
In September 1996 the council adopted a development plan for the town of Blessington.
Mr O'Donnell claimed the adoption of the plan by the council was beyond its powers and the Minister had no jurisdiction to validate it.