McDowell may seek review of planning decision

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

Dublin’s High Court heard the council refused to extend the planning permission for the lakeside house near Rooskey because it differed from original planning specifications.

Lawyers for Mr McDowell said they were challenging the council’s decision on the basis that it did not have the power to refuse the three-month extension of planning permission under the Planning and Development Act.

They also claimed the grounds for refusing the extension – that the house was not being built in accordance with specifications – were invalid.

Council planning officials had said that the height of floors and that the exterior finish of walls were different than that for which the original planning permission was granted.

Mr McDowell briefly attended the High Court offices this morning to sign affidavit documents but did not attend in court where his legal team included his solicitors, two senior counsel and one junior counsel.

Mr Paul Gallagher, SC, sought an ex-parte application for leave to move a judicial review against the decision by Roscommon County Council on behalf of Mr McDowell and his wife, Ms Niamh Brennan.

He said that the decision of the county council and its County Manager was “factually wrong in substance and under the provisions of Section 42 of the Planning and Development Act, 2000”.

Mr Gallagher said separate plenary proceedings looking for other damages were also being put in train.

He added that the council’s refusal of permission had been leaked to Sky News Ireland last week and was the subject of “extensive media coverage”.

He added: “It is reasonable to assume that the source of the information came from Roscommon County Council.”

Mr Gallagher said that Mr McDowell was hoping to have the application heard urgently “as the premises is exposed to the weather and any works to make it weather-proof are without planning permission”.

Earlier, the court heard that Mr McDowell bought the site of the house from Ms Ann McDonagh last April and agreed a “turn-key contract” with construction firm Griffner Coillte to build the house.

As Ms McDonagh’s original planning permission on the site had expired by August 2004, a three-month extension was sought by the McDowells in order to complete the house.

However, the council turned down this application as the specifications in relation to floor levels and the exterior finish of the walls differed from that for which the original permission was granted.

The McDowells were then left with the option of applying for permission to retain the entire house or possibly face having it demolished.

Mr Justice Quirke listed the hearing for next Thursday, October 28.