Judge says challenge to permission for assisted living units should be heard ‘as soon as possible’

A High Court judge has said that a challenge to a decision to grant permission for 42 assisted living and medical support residential units in Co Louth should be heard as soon as possible.

The challenge has been brought by Thomas S White over An Bord Pleanála’s decision last August to give the go-ahead to Brugha Developments Ltd to develop the independent/assisted living and medical support units at Hardman’s Gardens, Drogheda.

The permission also allows the developer to demolish existing structures on the lands, including several cottages.

Mr White, a retired auctioneer, from Silk Park, Drogheda, is the owner of lands adjoining the proposed development.

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He claims that the board’s decision is flawed and should be set aside on grounds including that the development will affect his ability to access his lands.

No provision for vehicular access to his lands is contained in the permissions granted, that he claims has the effect of “sterilising” his property.

There is provision for pedestrian access, which Mr White claims is wholly inadequate to facilitate proper access.

When Mr White’s action came before Ms Justice Niamh Hyland, she said she was prepared to grant the applicant permission, on an ex parte basis, to bring his judicial review proceedings against the board.

The judge said that as the case involves assisting living residential units, she wants to put a timetable in place for the exchange of legal documents that would result in the matter being heard and determined as soon as possible.

The judge directed that the matter return before the court in two weeks time.

In his action Mr White, represented by Evan O’Donnell, claims that his client had appealed Louth County Council’s decision to grant permission to the board.

However, the board dismissed his appeal.

He claims that the board made an error when its inspector stated that there would be vehicular access to the applicant’s lands.

The analysis by the board’s inspector is contrary to common sense and fundamentally flawed, it is claimed

The board, Mr White also alleges, failed in its obligation to assess the effects of the proposed development on surrounding landowners.

Due weight was not given to the applicant’s submissions to the board that the proposed development would effectively sterilise his lands.

The lack of vehicular access to the lands is also a contravention of an objective of the Louth County development plan, it is also claimed.

It is further claimed that the board’s decision should be set aside because the planning application was not assessed in accordance with EU directives on habitats and Environmental Impact Assessments.