McDowell gets go-ahead for review of house decision

JUSTICE Minister Michael McDowell was yesterday granted leave to seek a judicial review of a planning decision by Roscommon County Council involving his luxury holiday home.

Counsel for the minister and his wife, Paul Gallagher SC, told the court there was an urgency about the case as the premises are exposed to the weather. Any works to make them weatherproof are without the protection of planning permission at the moment and that was a matter of concern.

In an affidavit, Mr McDowell said if the extension of planning permission was not granted, they stood at risk of losing a substantial amount of the money they had invested, together with the costs of demolition of the premises.

He said they had incurred considerable expense on the development - €150,000 plus stamp duty and associated costs on the purchase; some €39,000 for a subcontractor; some €390,000 for builders Griffner Coillte; and other professional expenses. Those liabilities were financed by a mortgage on their family home.

Mr McDowell said he and his wife, university professor Niamh Brennan, agreed in April 2004 to purchase the house from Anne McDonagh for €150,000.

They asked Griffner Coillte whether they could build the house for which permission was granted and were assured they could and the project could be completed in time.

They retained consulting engineers Jennings O’Donovan and Partners, who agreed to liaise with the planning authority.

“We emphasised that our respective job commitments would prevent us from having any significant day-to-day involvement in the project and that we were relying on the firms to build the project in conformity with the planning permission and on time,” said Mr McDowell.

“We also emphasised that we could not become involved in any third party issues because of the high profile of my office and also emphasised that the project was to be carried out in scrupulous adherence to all legal requirements.”

On that basis, he said, they purchased the site and retained the firms to carry out the development in accordance with planning permission.

They entrusted the project completely to them and relied on their professional judgment thereafter.

“At no point were we asked for, nor did we ask for or approve, any deviation from the planning permission in the execution of the development.”

Mr McDowell was outside the court before yesterday’s hearing before Mr Justice John Quirke. He did not enter the courtroom.

The minister and Prof Brennan were given permission to seek a declaration that the council’s refusal on October 5 of their application for an extension of the duration of planning permission granted on August 30, 1999, for the building at Lavagh, Rooskey, breached section 42 of the Planning and Development Act. They also got leave to apply for a declaration that, in refusing the application for an extension on grounds that “the dwelling under construction is significantly different from that for which planning permission was granted”, the council failed to comply with section 42.

It is expected that there will later be a claim for damages against the council in separate proceedings.