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The High Court has upheld a local authority's decision to grant retention and planning permission for various agricultural structures on a farm, despite claims of an improperly erected site notice. The applicants, a retired couple living adjacent to the farm, argued that the site notice was not erected until after the date stated, violating planning regulations and invalidating the application. However, the court found no prejudice to the applicants, who had ample opportunity to object and appeal. The court emphasised that An Bord Pleanála could address the validity of the application, including the site notice issue, and that judicial review should not be used to bypass the statutory appeal process.
Roscommon County Council, retention permission, planning permission, agricultural structures, Rathleg, Castlerea, site notice, Planning and Development Regulations 2001, An Bord Pleanála, judicial review, alternative remedy, High Court decision, environmental impact assessment (EIA), nutrient management plan, European Union (Good Agricultural Practice for the Protection of Waters) Regulations 2022.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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