An environmental group has lost a High Court bid to bring a challenge to the granting of planning permission for the demolition of part of the west stand at the Curragh racecourse, Co Kildare, and the development of a 72-bedroom hotel there.
Ms Justice Mary Finlay Geoghegan ruled yesterday that the Friends of the Curragh Environment Ltd (FOCE) had not established the "substantial interest" in the matters, which is necessary under law before leave could be granted to bring their proposed judicial review challenge.
The group had sought leave to bring proceedings aimed at overturning the decision of An Bord Pleanála last January granting planning permission for the demolition of the western half of the west stand at the Curragh racecourse and construction of a 72 bedroom hotel. It also wished to have overturned a grant of permission for the realignment of approximately one kilometre of roadway on the Curragh of Kildare.
The Turf Club, which is engaged in the redevelopment of the Curragh racecourse, complex, had secured the disputed permissions from Kildare County Council but appeals against those permissions were made to An Bord Pleanála which upheld the permissions on January 18th last.
Yesterday, Ms Justice Finlay Geoghegan said the redevelopment of the racecourse is being undertaken under the auspices of "a master plan" which aimed to create a modern racing complex with improved stands, visitor facilities and stables.
The first phases of the redevelopment involved the realignment of the existing Curragh road, R413, to the north to loop around the existing hotel and other facilities, the demolition of part of the existing stand and construction of a 72-bedroom hotel and ancillary facilities.
Further phases of the redevelopment would involve the proposed construction of a new main stand and a planning permission for that had been lodged, but not determined.
The judge also noted the Turf Club had submitted one environmental impact statement relating to the permissions for road realignment and hotel development. Such an EIS was not mandatory under the planning acts, she said.
FOCE had claimed An Bord Pleanála had breached an EC directive by failing to carry out an environmental impact assessment prior to the overall master plan for the redevelopment of the Curragh racecourse prior to deciding the appeals in this case.
It also claimed that certain conditions attached to the board's decision involved an unlawful delegation by the board to Kildare County Council. Those conditions required agreement to be reached between the Turf Club and the council on certain matters.
The judge said the only interest expressly asserted by FOCE when it appealed against the planning permissions to An Bord Pleanála was that the board should determine the appeals in accordance with law and the requirements of directives on environmental impact assessment.
Because the grounds of challenge now advanced were not raised in FOCE's appeals to the board, it did not have the necessary substantial interest to bring the judicial review challenge, the judge ruled.