Decision next week in McDowell planning case

 

A decision is expected early next week on a High Court challenge by the Minister for Justice and his wife to the refusal by Roscommon Co Council's to extend planning permission for construction of a holiday home.

Following three days of hearings the case concluded today with the President of the High Court, Mr Justice Finnegan saying he hoped to give a judgment by next Tuesday.

The judicial review proceedings concern planning difficulties relating to the couple's near complete holiday home at Levagh, Rooskey.

Michael McDowell: awaiting High Court decision on planning difficulties
Michael McDowell: awaiting High Court decision on planning difficulties

The Council refused to extend the duration of the planning permission for the construction of the holiday home. It was claimed by counsel for the McDowells' that the Council's decision would require the building being two metres higher in an area of scenic beauty and would impact on the surroundings.

The Council in its statement of opposition claims that "at all material times it was unaware of any involvement on the part of the Minister" in the matter as it had considered an application by "Mrs N Brennan, c/o the consulting engineers."

The Council decided there were material differences between the planning permission and the dwelling bing constructed which could not be ignored.

The Minister's engineers were invited to submit an application for retention of the dwelling under construction. According to the Council the development under construction was 2.6m lower than that specified in the planning permission.