Wednesday 20 May 2009

Aerodrome can challenge rejection

WESTON AERODROME has been given High Court permission to challenge An Bord Pleanála’s rejection of its application to turn former farmyard buildings on its lands into light aircraft hangars.

Mr Justice Daniel O’Keeffe said Weston had established a substantial argument that the board, in refusing the permission, misinterpreted the meaning and effect of a previous permission for construction of buildings on the northeast of the aerodrome.

Weston claims the board misinterpreted the previous permission as having ruled out development involving intensification of use of the aerodrome.

The judge refused leave to Weston to pursue arguments that the refusal of permission was based on a material error or that the board had not complied with its obligations to state the reasons upon which the refusal was based.

He also ruled Weston had advanced no authority to indicate there was a presumption in the Kildare county development plan in favour of extending the aerodrome.

The private licensed aerodrome – between Lucan and Leixlip – got planning permission from Kildare County Council in 2005 for the change of use of farmyard buildings for storage of light aircraft. This was subject to a number of conditions, one of which Weston appealed.

An Bord Pleanála refused the appeal saying the development was unacceptable because it was intensification of the aerodrome in a piecemeal way and the location of the proposed hangars were likely to create a traffic hazard.

Irish Times

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