THE case against the county council was taken by Ms Margaret McEvoy, of Loughbollard, Clane who claimed the council did not adopt the development plan within the specified statutory period. She challenged the adoption of the plan for Clane and its environs, purportedly under the 1963 Local Government Act, on July 8th, 1996.
Ms McEvoy, in an affidavit said a plan for the entire county had been adopted by the council in about 1985, 11 years before the adoption of the development plan now complained of. The legislation required the council to review the plan or vary or make a new plan within five years.
She was advised the council could not do so after the expiry of that period unless the Environment Minister extended the time vested in him by the 1963 Act.
In the Clane case, she was informed the council sought an extension either before or after July 8th last but that the Minister had not extended the time. Accordingly, it was contended, the purported plan was invalid.
Ms McEvoy said she believed the council in fact sought an extension of time from the Minister and that he had refused it by letter of September 22nd, 1996.
A cursory comparison of the plans would show a huge increase in the size of the areas to be zoned residential as between the March 1985 plan and the plan later adopted.