A Scartaglen man has been granted a Judicial Review High Court of a Kerry County Council’s decision to grant planning retention.
Maurice Browne sought leave to seek the review of the council’s decision to grant retention for a farm building built by his brother Jerome Browne, also of Scartaglen
This planning permission was before Tralee Circuit Court in July of this year when Judge Tom O’Donnell granted an injunction to Maurice Browne that all works on site be stopped .
Judge O’Donnell described as ‘absurd’ and ‘baffling in the extreme’ the approach of the council in relation to the erection of the building which had twice the floor space of what was granted in the planning application.
The judge said if the council generally applied the same criteria as they had in the case they would see little difference between the Tower of Pisa and the Taj Mahal.
At the time the Judge directed that the Council was liable for 50% of the Plaintiff’s costs, to be taxed in default of agreement. The Defendant Jerome Browne was held liable for his own legal costs and the balance of 50% of the plaintiff’s costs.
Following on from that Mr Browne applied for retention permission which was granted by the council in November.
Yesterday Mauirce Browne was successful in his application for a Judicial Review of that decision.
The case will be before the high court again on the 9th of February.