THE High Court has cleared the way for the construction of the largest ever private housing scheme proposed for Ennis.
This follows Ms Justice Emily Farrell dismissing the High Court challenge by engineer, Michael Duffy against the decision by An Coimiúsin Pleanála (ACP) to grant planning permission to Glenveagh Homes in April 2023 for the €65m 289 unit scheme on a 28 acre site close to Ennis Golf Club at Ballymacaula, Drumgeely, Keelty, Circular Rd, Ennis.
Previously, in a separate High Court challenge, Kilfenora based chartered civil engineer, Mr Duffy had stalled plans by Pat McDonagh’s Supermacs for a €20m drive-thru plaza outside Ennis and Mr McDonagh’s Banner Plaza is now in operation after opening last November.
The publication of Ms Farrell’s High Court decision follows Clare Co Council last week granting planning permission to Glenveagh Homes for 298 homes on the same site adjacent to Ennis Golf Club.
Mr Duffy also objected to that scheme.
However, Glenveagh can now proceed with the 289 unit scheme cleared by Ms Justice Farrell in the High Court as the Council permission from last week is subject to a planning appeal to ACP.
In his High Court action concerning the scheme first lodged in August 2022, Mr Duffy claimed that there were various errors in the board’s decision, including that it failed to consider relevant material, such as the Ennis local area plan.
Mr Duffy also claimed that the board acted irrationally and unreasonably in how it came to its conclusion on the scheme.
Also, Mr Duffy claimed that the density of the scheme, at 32 units per hectare, is beyond what is allowed under the zoning of the build site.
He said the site has been zoned for low density residential development, which sets a maximum of 15 residential units per hectare.
However in her 28 page judgement, Ms Justice Farrell has dismissed the proceedings by Mr Duffy.
Ms Justice Farrell concluded that the complaint about material contravention of zoning has already been rejected in two separate High Court cases and Mr Duffy now accepts that there is no basis for not following those legal authorities
Ms Justice Farrell stated that the complaint about a letter from Uisce Éireann concerning water supply for the scheme is based on the incorrect premise that a need for minor works amounts to a statement that capacity is lacking.
Ms Justice Farrell stated that would be an unduly restrictive reading of the regulations stating that she was satisfied that the application was not invalid having regard to the terms of the Uisce Éireann letter.
Ms Justice Farrell also stated that the evidential basis for contending that the permission granted breached the State’s obligations under the Urban Wastewater Treatment Directive or Water Framework Directive is absent.
On the issue of the failure by ACP to notify the Environmental Protection Agency (EPA) of the application, Ms Justice Farrell stated that she would assume in favour of Mr Duffy that there was an error on the part of the Commission in not requiring the EPA to be notified of the application.
She stated that however, in all the circumstances, this is not a basis for quashing the planning permission.
