U2's Dave Evans, "The Edge", has lost his High Court bid to bring a legal challenge aimed at overturning An Bord Pleanála's refusal of planning permission for a major extension at his home at Sorrento Cottage, Dalkey, Co Dublin.
However, Mr Justice Kearns indicated a revised planning application might have a different outcome with the planning authority.
The band's lead guitarist had been granted planning permission for the work, subject to conditions, by Dún Laoghaire/Rathdown Co Council in January 2000. However, a month after permission was granted, An Taisce lodged an appeal against that decision and in October 2001, An Bord Pleanála refused the application for the development.
Mr Evans then applied to the High Court for leave to bring, in judicial review proceedings, a challenge to that decision.
When the case was before the court last month, Mr Evans attended for its concluding stages but he was not in court yesterday when Mr Justice Kearns delivered his 26-page judgment.
Although he found against Mr Evans, the judge said he would stress that the case was one where Mr Evans had "behaved with total propriety", both in the manner in which he had consulted local residents about the proposed extension and in the care he had taken to employ the best professional assistance in the preparation of drawings and plans for the application.
Mr Justice Kearns said it may well be that a revised application, suitably modified to take account of the reservations of An Bord Pleanála may yield a different outcome. However, he ruled, the present application must be refused.
Lawyers for Mr Evans will now consider the judgment before deciding whether or not to seek a certificate to bring an appeal to the Supreme Court.