U2 guitarist challenges planning refusal

U2 band member The Edge has brought a High Court challenge to An Bord Pleanála's refusal of permission for an 8,000 sq ft construction…

U2 band member The Edge has brought a High Court challenge to An Bord Pleanála's refusal of permission for an 8,000 sq ft construction at his home at Vico Road, Dalkey, Co Dublin.

Mr David Evans wants to carry out "substantial works" at his "principal private residence", Sorrento Cottage, which is located on a 2.6-acre site off the Vico Road, Mr Justice Kearns was told. The cottage has associations with the late author and playwright, Lennox Robinson.

Mr Evans wants to demolish an existing single-storey extension, conservatory and garage and to build a new two-storey dwelling with a garage, incorporating the remainder of the existing two-storey cottage.

In an affidavit, Mr Evans said he had been fully aware of the sensitivity of his application to develop in this highly scenic area and had made every effort to ensure there was full consultation with his neighbours so as to take account of their concerns. Sensitive integration of the development within the landscape had been a keynote of the design, he said.

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Mr James Macken SC, for Mr Evans, said his claim was that ABP had misinterpreted the facts in relation to the existing area. The net increase would be 3,541 sq ft and not 5,120 sq ft.

Mr Justice Kearns said that even if the lower figure was correct, this was still a major extension. In judicial review proceedings, Mr Evans is seeking to quash a decision of An Bord Pleanála of October 17th, 2001, refusing planning permission for the works.

An appeal was brought by An Taisce against a decision of Dún Laoghaire/Rathdown Co Council of January 30th, 2001, which gave permission for the works. Mr Macken said that when An Taisce submitted its objections, Mr Evans's experts had replied, pointing out factual and other errors.

However, unknown to Mr Evans, An Bord Pleanála wrote to An Taisce requesting it to make additional submissions in response to the replies sent by Mr Evans's experts. An Taisce did this and offered new arguments and materials. In October 2001 the Board decided to refuse permission.

The hearing continues today.