Jolview Limited says two decisions made contrary findings about capacity of services for the site
The Four Courts. A decision to refuse planning permission on account of a site being insufficiently serviced is “irrational” given it was hit with a tax applicable to ready-to-develop lands, a building firm has alleged in the High Court. Photograph: iStock
Jolview Limited says An Bord Pleanála has on the one hand determined there are no capacity issues or other impediments to the development of its lands at Holmpatrick, Rush Road, Skerries, thus making it liable for the Residential Zoned Land Tax . On the other hand, it says, the board later refused to grant it permission to build 18 houses on the greenfield site about 2km from Skerries town centre based on a report from its inspector that found there were “insufficient services and facilities” to support future occupants of the proposed development.
The company notes the RZLT decision cannot guarantee a grant of planning development for any residential development on the site, but, it claims, An Bord Pleanála cannot revisit or reconsider its earlier determination that the site is suitable for residential development in principle.
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