Ruling reserved in Edge hearing
The planning board had refused him permission to construct a premises of about 8,000 square feet at his home on the scenic Vico Road in Dalkey, Co Dublin.
Mr Evans did not give evidence and sat at the back of the court dressed in casual clothes but without his usual headgear and took notes during the second day of the hearing which lasted about an hour.
In a reserved judgement, Mr Justice Nicholas Kearns said he needed time to think about the case and would give his decision on November 7.
Earlier the court had heard that Mr Evans wants to carry out "substantial works" at his home on a 2.6-acre site on the Vico Road. He plans to demolish an existing single-storey extension, conservatory and garage and build a new two-storey dwelling with a garage incorporating the remainder of an existing two-storey cottage.
During submissions from both sides in the case, Mr Justice Kearns said that enormous care has been taken by Mr Evans in preparing the application for permission through consultations with neighbours and local residents and he had complied with every requirement of the planning authority.
Mr Justice Kearns also pointed out that an inspector had expressed herself satisfied having looked at the site from multiple locations that there was no interference with the view.
Damian Keaney BL for An Bord Pleanála said the fact that the proposed building would be visible at certain points on the seaward side of Vico Road was not acceptable.
He said there was material before An Bord Pleanála to justify its decision to refuse permission for the premises.
James Macken SC who made lengthy submissions on behalf of Mr Evans over the two-day hearing told Mr Justice Kearns that we were now "in an era of high density", which had been adopted as government policy and he asked that this be taken into account.



