Judgment due on Minister's holiday home next week

The High Court is expected to give its decision next Tuesday on a challenge by the Minister for Justice and his wife to Roscommon…

The High Court is expected to give its decision next Tuesday on a challenge by the Minister for Justice and his wife to Roscommon County Council's refusal to extend planning permission for construction of their holiday home near Rooskey.

The case concluded after three days yesterday, and the President of the High Court, Mr Justice Finnegan, said he hoped to give judgment next Tuesday.

The judicial review proceedings brought against the council by Mr McDowell and his wife, Prof Niamh Brennan, concern planning difficulties relating to their near-complete holiday home. The council refused to extend the duration of the planning permission for the construction of the 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.

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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 being 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 2.6 metres lower than that specified in the planning permission. The council said that the McDowells did not have the benefit of planning permission for the dwelling as it was significantly different from that for which permission had been granted.