High Court challenge over Kildare town housing refusal by Bord Pleanala

Both council and appeals board refused permission for 64 houses to Athy based company

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High Court challenge over Kildare town housing refusal by Bord Pleanala

High Court challenge adjourned until March

A High Court challenge has been brought against An Bord Pleanala's refusal to grant permission for a development consisting of 64 housing units in Co Kildare.

 

The action has been brought by Athy-based Keshmore Homes Ltd (KHL), which had sought permission to develop the proposed units at a site in Kildare town, adjacent to an existing residential Loughminane Green housing estate.

 

The proposed development consists of detached, semi-detached and terraced houses and eight apartments in a single two-storey block.

 

Permission for the development had been refused by Kildare Co Council. KHL appealed that decision to An Bord Pleanala which last November upheld the decision to refuse permission. 

 

Represented by Neil Steen SC, KHL says in High Court judicial review proceedings challenging the refusal that the board's decision is flawed on several grounds.

 

These including that the board failed to consider KHL's submissions on the application, and that the refusal is unreasonable, irrational and inconsistent in relation to similar applications in the area

 

It also claims that no reasons were given for its decision not to grant permission and that the decision was based on an invalid variation of the 2017-23 Kildare County Development Plan.

 

In judicial review proceedings against the bord, KHL seeks an order from the court quashing the refusal.

 

The matter came before Mr Justice Charles Meenan at Monday's sitting of the High Court. The judge, on an ex parte basis granted the developer permission to bring the challenge.

 

The matter was adjourned to a date in March.