The High Court has quashed the decision of An Bord Pleanála to block development of a building compound in Ballivor, Co Meath, into a drug rehabilitation facility for the Scientology-linked group, Narconon.
An Bord Pleanála now has four weeks to consider seeking leave to appeal after Mr Justice Mark Heslin quashed its decision of 19 November 2018 that the change of use of the building from a nursing home to a residential drug rehabilitation facility was development and not exempted development under planning law.
Mr Justice Heslin said today that to permit the Board to overrule a September 2016 declaration by Meath County Council that the plan was exempted development two years later would be to undermine legal certainty and permit the ignoring of procedures and time limits set out by the Oireachtas in planning law.
He said there was "uncontroverted evidence" before the court that Narconon Trust had spent approximately €9.05m (€9,050,0000) on the facility in Ballivor, including its €1.3m purchase price, in reliance on Meath County Council’s 2016 declaration.
That alone would not entitle Narconon to the relief sought, he said, but "it does, however, bring into sharp focus the damage to individual rights which might arise if the court was to permit a challenge to the Council’s 2016 decision other than in accordance with the method which the Oireachtas has mandated".
Reliance by Narconon on the planning exemption decision in expending "very significant sums of money" was relevant to the court, he decided.
He granted an order of judicial review quashing the decision made by An Bord Pleanála.
The Board said it was now studying the judgment.
In February 2018, the original Section 5 Exemption declaration by Meath County Council planners was referred to An Bord Pleanála by Meath County Council on foot of applications to reverse it by Ballivor Community Group and Trim Municipal District Council.
At the High Court, Claire O’Mara of Ballivor Community Council told RTÉ:
"We’re terribly disappointed. We fought for the village and are fighting to protect the village and the people on this. It’s not over; we can seek an appeal, and An Bord Pleanála can seek an appeal."
It is understood that An Bord Pleanála will give serious consideration to seeking an appeal.
