A challenge to the granting of planning permission for the Knocknacarra shopping development in Galway opened in the High Court yesterday.
Ms Anne Hynes (84), of Old Clybaun Road, Knocknacarra, Galway, was not in court for the opening of the judicial review proceedings in which she is challenging the decision of An Bord Pleanala, of June 25th, 1997, to grant permission to Mr Patrick Joyce, a retailer, for the development of three houses, an apartment, a community centre, a shops/retail area, related offices and a petrol filling station at Shangort Road, Knocknacarra.
The court was told Ms Hynes has a medical condition which made her unfit to travel. On the application of Mr John Gallagher SC, for Mr Joyce, the judge said she would allow for Ms Hynes to be cross-examined about her written evidence at her home.
Opening the proceedings being taken against An Bord Pleanala, Mr Joyce, Galway Corporation, and the State, Dr Michael Forde SC, for Ms Hynes, said he was seeking an order quashing the planning permission for the Knocknacarra development.
Permission for the development was refused by Galway Corporation but was granted on appeal by An Bord Pleanala, counsel said.
Dr Forde said Mr Joyce applied for permission for the development in July 1996. Because the planned development was a shopping centre in an area zoned for residential use, permission was being sought for a development which was in contravention of the 1991 Galway Development Plan, he claimed.
Counsel said he would be claiming part of the property was not owned by the developer, but by Galway Corporation, and that permission could not be given in those circumstances. In an affidavit, Ms Hynes said she lived within the area of the development and believed it would adversely affect her quality of life and that of her family.