High Court Kildare Donaghcumper land appeal adjourned until June 5

Stay put on quashing of Minister's Donaghcumper decision but not on Crodaun element

By Leinster Leader Reporter


By Leinster Leader Reporter



High Court Kildare Donaghcumper land appeal adjourned until June 5

File Photo

A hearing into whether a house developer will be given leave to appeal a decision quashing the direction of a Minister in a Celbridge land battle has been adjourned until June 5.

Last week, the High Court quashed a direction of the Minister for Housing and Urban Development, Damien English to Kildare County Council to change the Celbridge Local Area Plan (LAP), following a case taken by Longport Developments Ltd.

The Minister’s intervention in the LAP would have allowed development at the historic Donaghcumper demesne and a change of zoning at Crodaun, on the edge of the town.

But in the High Court last week,  Judge Robert Haughton quashed the Minister’s instruction. He put a stay on his decision to quash it both in relation to the Devondale land at Donaghcumper and Longport Development Limited land at Crodaun.

The matter was adjourned until today, May 10, when following a half hour hearing at Court 14 in the Four Courts, the matter was adjourned.

Following legal argument, Judge Haughton put a partial stay on the decision to quash the direction.

In relation to Donaghcumper,  there is a stay on the order until June 5,  meaning that the Minister’s decision remains in place, but  in relation to the Crodaun site, there is no stay.

That partial decision has raised the possibility of a planning application by Devondale being made to Bord Pleanala for Donaghcumper in the short term.

Devondale is seeking leave to appeal the decision to quash the Minister’s order.  It has been asked to provide submission on its case for leave to appeal later this month to give others an opportunity to respond to those submission in time fo the June 5 hearing.

Kildare County Councillors  had opted to change the Town Centre zoning at Donaghcumper to strategic open space, therefore deleting the potential of the site for future commercial, retail and residential development.

Minister Damien English then  issued a “draft Ministerial direction” on that decision, saying that the “the Donaghcomper site is centrally located and is the most appropriate location for a town centre zoning for future commercial, retail and other related facilities in accordance with the Development Plan guidelines.”

On July 14 last,Kildare County Council voted 21-5 to allow Celbridge-Leixlip councillors district to decide on their own Celbridge LAP, despite warnings from the Minister that it breaching planning guidelines.

Some 3,000 people in the Celbridge had signed a petition in favour of the councillors’ move.