McDowell wins court battle over holiday home

Roscommon County Council acted outside its powers in denying an extension of planning permission to Justice Minister Michael McDowell for his holiday home, a court found today.

President of the High Court Joseph Finnegan said the council misconstrued the scope of their function under Section 42 of the Planning Act 2002, and quashed their decision.

However, he said he would wait until January 11 to make an order which would allow McDowell to complete work on his unfinished holiday home.

Roscommon County Council had claimed the house, which was built near Roosky, was significantly different from the one for which planning permission was granted.

Judge Finnigan said his verdict related to the decision-making process and not to the decision itself.

Costs in the case are expected to be awarded to Mr McDowell.

His unfinished holiday house has been secured against the elements over the Christmas period.