The High Court has dismissed a challenge brought against An Bord Pleanála’s refusal to grant planning permission for a nine-screen cinema, café, and retail units in Navan, Co Meath.
Developers Navan Co-ownership secured permission from Meath County Council for the development, which also includes a car park, on a 1.58 hectare site located adjacent to Dan Shaw Rd.
That decision was appealed to the planning authority An Bord Pleanála, which last July refused permission for the development.
The refusal was based on grounds that the development would fail to consolidate the town centre, link in with existing town centre activities, and conflict with retail policy set out in Meath County Council’s Development Plan for Navan.
The developer challenged the refusal — citing a report compiled by one of its inspectors — which it claims is based on an error of law.
In his decision yesterday, Mr Justice Brian McGovern said the main issue in the case centered around the interpretation of sections of the development plan.
The judge concluded the board had correctly construed the development plan and the decision to refuse did not involve a misinterpretation of the development plan.
The reasons given by the board for the refusal were “entirely consistent with the development plan” and “most importantly were based on on a consideration of the proper planning and suitable development of the area”.
There was, said the judge no unreasonableness or irrationality in the decision. While the inspector in his report had said the proposed development was linked to to the development of the central railway station, those words were not used in the board in its decision.
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