Golfer challenges refusal to extend planning permission

Golfer Christy O’Connor Jr has brought a High Court challenge over a dispute about planning permission he obtained for three houses on family land.

Galway City Council has refused to extend the normal five-year duration on the permission he obtained in 2008 for the one-acre site at Knocknacarra, Salthill, the court heard. An extension would allow him to build after the permission runs out next January.

The council argues that the permission can only be extended if Mr O’Connor Jr first gets an environmental assessment on the project because a small section of the south-eastern end of the site includes a prospective or “candidate” special area of conservation due to its high visual amenity.

Yesterday, Mr O’Connor Jr was given leave by the court to challenge the council’s decision. He claims Galway City Council failed to provide any or adequate reasons, or give reasons capable of justifying its decision to refuse to extend the permission last October.

Mr O’Connor Jr, of Derrycastle House, Ballina, Co Tipperary, is seeking an order quashing that decision and a declaration he is entitled to an extension of the duration of his permission.

Eamon Galligan, counsel for Mr O’Connor Jr, told the court that when An Bord Pleanála granted permission in 2008, there was no requirement for an environmental assessment. The only condition the board laid down was that the number of houses should be reduced from four to three.

In Mr O’Connor Jr’s statement of grounds seeking a judicial review, it is claimed the council has erred in law and acted outside its powers.

Mr Justice Michael Peart gave permission for Mr O’Connor Jr to bring the challenge. It will come before the court in January.