The High Court: 7th February 2005
Solicitors for the Applicant: Patrick Donaghy & Company,
13/16 Dame St
Dublin 2
On Monday 7th February last, Shamrock Rovers was granted an Order by the High Court quashing the decision made by South Dublin County Council to refuse to extend the appropriate period in respect of the development by Shamrock Rovers, comprising a 10,000 seat football stadium, new all weather pitch, floodlights, clubhouse, offices and administration, lounge bar, restaurant and function room, sports and club-shop and ancillary facilities, including a car park to be constructed as a phased development.
The Court further ordered, following an application lodged by Patrick Donaghy & Company, Solicitors, that Shamrock Rovers be granted leave to have the matter remitted to South Dublin County Council for the purpose of further processing and considering the application for extension of time in accordance with sections 42 and 43 of the Planning and Development Act 2000 and part 4 chapter 3 of the Planning and Development Regulations.
The Order was granted by the High Court based on information provided in an affidavit supplied by the Applicant.
Article 44(b) of the Regulations provides:
“Where a planning authority considers that an application to extend or extend further the appropriate period with regard to a particular permission does not comply with the requirements of Article 42 or 43, as may be appropriate, the authority shall, by notice in writing, require the Application to furnish such further particulars as may be necessary to comply with the said requirements.”
The Planning Authority had failed when providing its decision to refuse the extension of time, to notify Shamrock Rovers in writing requiring them to furnish such further particulars as may be necessary to complete the application for extension of time.