Dún Laoghaire-Rathdown agrees to court order quashing extension refusal

Applicants said 75% of the development works had been completed

Dún Laoghaire-Rathdown County Council has agreed to a court order quashing its refusal to extend the duration of planning permission for works at a state-of-the-art equestrian centre.

The action was brought by the facility’s developers Nijinski Property Company Ltd and businessman Luke Comer.

The Leixlip-based developers had previously said the planning permission extension was required to complete the development at lands next to the Kilternan Hotel in south Dublin.

The court had heard then that the moratorium on building projects arising out of the Covid-19 pandemic contributed to construction delays for a period.

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When the case came before Mr Justice Charles Meenan on Tuesday he was informed an order could be made with the consent of both parties. Evan O’Donnell BL said there was an agreement to an order quashing the council’s August 2021 decision.

The 2016 approval, which was due to expire last December after five years, was secured from An Bord Pleanála to develop a “centre of excellence for equine breeding and training” on a former golf course.

That permission allowed for a three-storey stable building, including a veterinary clinic, 36 dorm rooms, a viewing area and horse boxes. Also included were two gallops, an equine pool, a parade circuit, access roads and a car park.

When the case came before the court last September, counsel for the applicants said 75 per cent of the development works had been completed and some €5.5 million had been spent on what would be one of the finest facilities of its type.

It had been argued that permissions are extended where substantial works have already been carried out and also in situations where circumstances beyond the developer’s control had prevented the works.

Ellen O'Riordan

Ellen O'Riordan

Ellen O'Riordan is High Court Reporter with The Irish Times