Clarity sought over ABP decision appeal costs

Cavan County Council will write to the Minister for Housing, Darragh O’Brien, again in relation to the issue of costs liability for judicial reviews sought against planning cases ruled upon by An Bord Pleanala.

“The costs should be undertaken by the State, and I ask that we write to the minister and ask for clarification on this matter,” said Aontú’s Sarah O’Reilly in response to a reply received from the Minister’s office addressing concerns raised locally.

Cavan councillors passed a motion at their September meeting to write to the department in light of “improprieties” alleged to have taken place at the national planning authority.

Cllr O’Reilly, who tabled that motion, then highlighted three specific cases with regard to the erection telecommunication structures, masts and monopoles in the towns of Kingscourt, Killeshandra and Ballyjamesduff.

In all three cases, she says the applications were refused planning permission by Cavan County Council.

The decisions were later successfully appealed to An Bord Pleanála, against the recommendation of the board's own inspectors.

In the case of permission granted in respect of the Eir Exchange, at Railway Road, Killeshandra, the planning authority’s former deputy Chairman Paul Hyde signed off on the decision. It was deemed also that the proposed structure would “not seriously injure” the visual or residential amenity of the local area.

Then, in August, gardaí visited the offices of ABP. Their investigation began a week after Minister O’Brien sent a report on Mr Hyde by senior counsel Remy Farrell to Garda Commissioner Drew Harris.

Mr O’Brien also sent the report to the Director of Public Prosecutions.

Mr Hyde has always denied any wrongdoing.

Cllr O’Reilly pointed out at the time that the sole means by which planning board decisions “can be overturned” is via the process of judicial review. This must be lodged within an eight-week time period. This time limit may only be extended on application to the courts.

In response to the departmental reply to her motion, Cllr O’Reilly welcomed that reform of APB is “being acted upon”.

She also welcomed how, under Section 50 of the Act, the court “may accept applications” for judicial review beyond the eight week timeframe if there are “good and proper reasons” or it “can be proved” there existed circumstances that prevented the application from being made.

“I think that might be covered,” Cllr O’Reilly told the meeting.

Fianna Fail’s Clifford Kelly supported Cllr O’Reilly’s comments, and seconded a motion to send another letter to the minister.

“It would be very important,” he said that the costs would be carried by the State, adding that the allegations concerning improprieties at ABP, if true, were “nothing short of disgraceful”.

He said there were people in Kingscourt experiencing “very serious difficulties” as the result of a mast erected in the area.