Louth landowner takes High Court action against decision to allow 42 assisted living units in Drogheda

A High Court judge has said that a challenge over a decision to grant permission for 42 assisted living and medical support residential units in Co Louth should be heard as soon as possible.

The challenge has been brought by Thomas S White over An Bord Pleanála’s decision last August to give the go ahead to Brugha Developments Ltd to develop the independent/assisted living and medical support units at Hardman’s Gardens, Drogheda in Co Louth.

The permission also allows the developer to demolish existing structures, including several cottages, on the lands.

Mr White, a retired auctioneer, from Silk Park, Drogheda, is the owner of lands adjoining the proposed development.

He claims that the board’s decision is flawed and should be set aside on grounds including that the development would effectively extinguish his ability to meaningfully access his lands.

No provision for vehicular access to his lands is contained in the permissions granted, which he claims has the effect of sterilising his property.

There is provision for pedestrian access, which Mr White claims is wholly inadequate to properly facilitate access.

When Mr White’s action came Ms Justice Niamh Hyland, she said she was prepared to grant the applicant permission, on an ex-parte basis, to bring his judicial review proceedings against the board.

The judge said that as the case involves assisting living residential units, she wants to put a timetable in place for the exchange of legal documents that would result in the matter being heard and determined as soon as possible.

The judge directed that the matter return before the court in two weeks time.

In his action Mr White, represented by Evan O’Donnell Bl claims that his client had appealed Louth Co Council’s decision to grant permission to the board.

However, the board dismissed his appeal.

He claims that the board made an error when its inspector stated in a report on the planning application that there would be vehicular access to the applicant’s lands, nor is potential for future vehicular access to the site.

The analysis by the board’s inspector is contrary to common sense and fundamentally flawed, it is claimed

The board, Mr White also alleges, failed in its obligation to properly assess the effects of the proposed development on surrounding land owners.

Due weight was not given to the applicant’s submissions to the board, that the proposed development would effectively sterilise Mr White’s lands.

The lack of vehicular access to the lands is also a contravention of an objection of the Louth County development plan, it is also claimed.

It is further claimed that the board’s decision should be set aside as the decision because the planning application was not assessed in accordance with EU Directives on Habitats and Environmental Impact Assessments.

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