Galway Bay fm newsroom - A High Court judicial review has ruled against the building of 200 houses in Barna village by Galway construction company Burkeway Homes Limited.
An Bord Pleanála gave the go ahead for the 197 units in November under the fast-track strategic housing development process, but the High Court has overturned this decision.
Today, Mr Justice Simons set aside the decision and adjourned the matter to next month to hear arguments on whether the matter should be sent back for reconsideration by the board and on costs issues.
The €60m development 500 metres from Barna village would have comprised a mix of four-bed detached, three and four-bed semi-detached, and two and three bed terrace homes.
The 18-acre site would also have contained a number of two-bed townhouses and one, two and three-bed apartments – bringing the total number of units to 197.
The grant of planning permission was challenged by Heather Hill Management Company CLG and local resident Gabriel McGoldrick on a number of grounds.
The Heather Hill housing estate is adjacent to the development site.
An Bord Pleanala was named as respondent and Burkeway Homes as a notice party.
The 75 page judgment of Mr Justice Garrett Simons was delivered today.
Mr Justice Simons ruled the decision to grant planning permission be set aside because it would involve a material contravention of the County Development Plan in two respects.
Firstly, because the scale of the proposed development would breach the population allocation for Barna and secondly, because part of the site lies in an area which has been identified as at risk of flooding.
Michael Burke Managing Director of Burkeway Group told FYI Galway they are extremely disappointed with today's decision which delays their objective to bring homes to the Galway market which is seriously undersupplied.
Mr Burke added that they wanted to tell the prospective home owners that the company will, in the coming days, review the decision with their advisors.
He added they will address the issues highlighted in the findings of the Judicial Review and resubmit a revised Planning Application as soon as possible.
