THE HIGH Court has dismissed Weston Aerodrome’s appeal against An Bord Pleanála’s rejection of its application to turn former farmyard buildings on its lands into aircraft hangars.
The president of the High Court, Mr Justice Nicholas Kearns, dismissed Weston’s appeal after finding the board had taken all relevant matters into account before refusing permission for the hangars.
The privately licensed aerodrome between Lucan and Leixlip got planning permission from Kildare County Council in 2005 for the change of use of farmyard buildings into 2,000sq m of hangars to be used for light aircraft.
The board overturned that decision on appeal.
An Bord Pleanála ruled the proposed hangar development was unacceptable because it amounted to intensification of the aerodrome in a piecemeal way. It also ruled their location would be likely to create a traffic hazard.
The board added that the proposed change of use conflicted with its previous decision of 2003 granting permission for one large hangar, a control tower and office/ clubhouse but refusing permission for another five hangars.
Weston had challenged the board’s refusal on grounds including it had misinterpreted its previous permission in relation to intensification of use and/or had fettered its own discretion in relation to granting a new permission.
Irish Times
www.buckplanning.ie
Showing posts with label weston aerodrome. Show all posts
Showing posts with label weston aerodrome. Show all posts
Sunday, 28 March 2010
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
www.buckplanning.ie
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
www.buckplanning.ie
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