‘Irrational’ refusal to extend planning for 58 Donegal houses is challenged

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Axis Construction’s case against county council to be fast-tracked to Commercial Court

A construction firm has challenged a local authority’s “irrational” refusal to further extend a planning permission for a development of 58 houses in Donegal town.Construction says it had in July 2018 bought a site at Lurganboy, Donegal town, being offered for sale with planning permission.

In judicial review proceedings, Axis claims that refusal is fundamentally flawed, irrational, in breach of natural and constitutional justice and outside the Council’s powers. All work stopped last November because there was no entitlement to continue until the Council decided Axis’ extension application, made on November 9th.

He said, when Axis acquired the site, it was a green field site being offered for sale with the benefit of planning permission and no works had been carried out under that permission. Mr McGroary said they indicated they would aim to get houses roofed and enclosed and carry out works on distribution roads to those houses and other works but did not think a showhouse was possible by mid November 2018.

 

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