An Bord Pleanála has admitted in the High Court that it made a mistake last January when deciding to grant planning permission for a €16 million development at Termonbarry, Co Roscommon.
The proposed development consists of 36 houses, four two-storey apartment blocks, a 90-berth boat marina and other buildings.
Yesterday Mr Justice McKechnie, with the consent of the board, quashed the grant of permission and returned the matter to the board so it might reconsider objections to the development.
An Bord Pleanála's error related to its granting permission for the development on January 23rd although the time for lodging objections was not then spent.
The High Court proceedings arose out of an application by Mr Peter Sweetman, Grosvenor Road, Rathmines, Dublin, for leave to challenge the board's decision in judicial review proceedings.
Mr Michael O'Donnell, for the developer, Mr Tom Crosby, Termonbarry, told Mr Justice McKechnie that his client found himself in a difficult situation in which he had done nothing wrong.
This was the second planning application for what was a major development in the context of Co Roscommon and was being undertaken under the Rural Renewal Scheme.
An Bord Pleanála had previously refused planning permission for the project.
Following extensive consultations a second application was made, and planning permission was granted by Roscommon County Council, but there was a subsequent appeal.
For some unexplained reason, two inadequate notices were published in the newspapers inviting submissions regarding the proposed development, counsel said. A third notice was published on December 23rd, 2002.
Mr Crosby had asked the board to deal with the application as a matter of urgency, and the board gave an undertaking that it would determine the appeal before January 22nd, 2003.
But, "out of the blue", an objection had been lodged by Mr Sweetman on the last day, Mr O'Donnell complained. Mr Sweetman's observations had contained nothing new. Counsel asked that Mr Sweetman's submissions should be the only one to go before the board when it next considered the application.
In an affidavit, Mr Sweetman said the notice published on behalf of the board in the newspapers on December 23rd, 2002 indicated that submissions could be made to the board within four weeks.
As the period between December 24th, 2002, and January 1st, 2003, inclusive was to be disregarded, the board would have been able to accept submissions up to January 28th, 2003, he said. However, he had received a letter from the board stating his observations on the project could not be taken into consideration.
Mr Justice McKechnie said a very unfortunate situation had occurred. He quashed the January decision and remitted the matter back to An Bord Pleanála.