A Co Kerry woman has failed in her High Court attempt to quash planning permission for 29 holiday homes at Greenane, Templenoe, Co Kerry, next to the Ring of Kerry Golf Club.
Mrs Margaret O'Shea, of Greenane, Kenmare, had asked Mr Justice Ó Caoimh to extend the statutory eight-week period for objecting to the development on the grounds that she was unaware that an application for planning permission had been made to Kerry County Council.
Mrs O'Shea claimed she had been left unaware because an easily visible, legible and precise notice of the application had not been fixed by the developer, Elmpath Ltd., and maintained in a position conspicuous from the public road.
Judge Ó Caoimh said Mrs O'Shea was a neighbouring landowner to the development lands, the sole access to which had been provided by a right-of-way granted by her late son, Donal, to Trentdale Ltd, which developed the golf course.
As a result of her son's death, she owned the land over which the right of way existed and claimed the existing right-of-way did not confer rights in respect of any housing development.
He said she contended that the site notice had been positioned on the land, which did not border a public road, so as to prevent people from objecting to the planning application.
She had claimed to have been wholly misled and deceived by the nature and positioning of the site notice.
Judge Ó Caoimh said Mr Dominic Reid, company director of Elmpath Ltd, had told the court that a wide number of people in Co Kerry had been aware of the planning application, which had received headline coverage in the Kerryman newspaper at the time.
Judge Ó Caoimh said the High Court had jurisdiction to extend the statutory eight-week period, but the Planning and Development Act stipulated it could only do so if it considered there was good and sufficient reason.
He said the placing of the notice on the lands had been at a location agreed by officers of the county council, and no case had been made by Mrs O'Shea that she had been prevented from reading the notice.