Monday, 27 August 2012

Proposed crematorium refusal challenged at High Court

A HIGH Court challenge has been launched against An Bord Plenala's refusal to grant permission for a crematorium and burial grounds in South County Dublin.
Hantise Ltd and Ashman Properties Ltd sought permission to construct a crematorium and graveyard at a 3.64 hectare site they own at Kilternan.
In June An Bord Pleanala upheld a decision by Dun Laoghaire-Rathdown Co Council to refuse permission for the proposed development that includes more than 1600 burial plots, a building with two cremators with a place for prayer, an urn and ash burial area, and remembrance walls.
The refusal was on the grounds that the proposed development was contrary to the proper planning and sustainable development of the area.
However in its High Court action the developers, represented by Eamon Galligan SC, claim the Board did not afford them fair procedures in arriving at its decision to refuse permission.
They claim that they were not allowed to comment on or make submissions on two reports relied on by senior planning Inspector with the Board who recommended that permission be refused.
They also allege the Inspectors finding's are not fair or accurate and contain errors in fact.
The companies, with a registered address at The Herbert Building, The Park, Carrickmines, Dublin 18 are seeking orders from the Court quashing the Board's decision of June 29th last refusing planning permission for the development of a Burial Ground and Crematorium Park at Ballycorus Road, Kilternan Dublin.
They are also seeking an order that its application be remitted back to the Board, where it would be assessed by a senior planning inspector.
They also want the remitted application heard by a panel or division of the Board comprised of persons other than those who refused their application. Dun Laoghaire Rathdown Co Council is a notice party to the proceedings.
The developers sought permission to bring their legal challenge against the board on an ex-parte (one side only) basis.
However today at the High Court Mr Justice Kevin Feeney directed that application for permission to bring the challenge be made in the presence of legal representatives of the Board.
The Judge the adjourned the case to a date in October.
Read the article @ The Irish Independent

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