Retailer clear to appeal planning

Permission to challenge a decision by An Bord Pleanála to grant planning permission for a large-scale retail development at the site of a former military barracks in Co Cork has been granted by the High Court.

Mr Justice Roderick Murphy yesterday granted leave to Leefield Ltd, SuperValu, Tramore, Co Waterford, to challenge An Bord Pleanála’s decision of Jul 6 granting permission for a retail store, café, and staff facility near the former Murphy barracks at Ballincollig, Co Cork.

Leefield argues that the board’s decision should be quashed as it failed to give proper reasons for granting permission, and is in breach of the 2000 Planning and Development Act.

It also claims that the development would not integrate with the rest of the town and would function as a standalone entity.

The judge said he was granting the applicant permission as he was satisfied from the evidence before him that Leefield had made out that it had an arguable case against the board’s decision.

The plan is to extend an existing shopping centre. It is understood that Tesco will be the anchor tenant in the proposed development. The planned new store will extend to 70,000sq ft with 330 car parking spaces.

Oisín Collins, counsel for Leefield, which operates a retail business in Ballincollig, claims the proposed development would affect the fabric of the town. It would also adversely effect Leefield’s business and other established retailers in Ballincollig, he said.

Mr Collins added that the decision was made after a planning inspector, who compiled a report on behalf of the board, recommended that the planning application be refused.

He said that his client was “in the dark” as to why the board decided to reject elements of what was contained in the inspector’s report.

Mr Collins said that in its decision, the board failed to address the loss of woodland that would occur if the development went ahead.

The action is against An Bord Pleanála. However, both O’Flynn Construction and Cork County Council are notice parties to the action.

Cork County Council had previously granted permission for the development, however that decision was appealed to the board.

Yesterday, David Holland, counsel for O’Flynn Construction, Ballincollig, which sought permission to build the proposed development, said that his client wished to have the hearing of the action expedited for commercial reasons.

Mr Justice Murphy adjourned the matter to a date in October.