By Aodhan O'Faolain and Ray Managh
A High Court challenge has been brought against An Bord Pleanala's decision to give the go ahead to a large-scale retail development at the site of a former military barracks in Co Cork.
Leefield Ltd, Super Value Tramore Co Waterford has brought proceedings against An Bord Pleanala aimed at quashing the board's decision of July 6 last to grant permission for the construction of a retail store, café and staff facility near the former Murphy barracks at Ballincollig in Co Cork.
The plan involves an extension to 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 70,000 sq. ft. with 330 car parking spaces.
In its legal challenge seeking to have the baord's decision set aside Leefield, which operates a retail business in Ballincollig, claims the proposed development would affect the fabric of the town.
Leefield says its own business and other established retailers in Ballincollig would be damaged and claims the development would not integrate with the rest of the town and would function as a stand-alone entity.
O'Flynn Construction BTC in Ballincollig, who sought permission to build the proposed development, and Cork Co Council are notice parties to the action. Cork Co Council had previously granted permission for the development. That decision was appealed to the board.
Leefield, represented by Oisin Collins Bl, is seeking permission from the High Court to have the board's decision judicially reviewed.
It claims the board's decision is flawed and should be quashed on grounds including that the board failed to give proper reasons for granting permission, and is in breach of the 2000 Planning and Development Act.
It is claimed the decision was made after a planning inspector, who compiled a report on behalf of the board, recommended that the planning application be refused. It is also claimed that in its decision, the board failed to address the loss of woodland that would occur if the development went ahead.
The application was formally opened, on an ex parte basis, today before Mr Justice Gerard Hogan, who then adjourned the matter to Thursday.