The High Court has initiated a legal proceeding regarding a contested permit related to a delayed 10 million euro Supermac’s service station in Clare County. Engineer, Michael Duffy, representing himself, is pursuing the court to reverse the decision made by An Bord Pleanála in 2022. This decision supported the proposal of Pat McDonagh, the founder and proprietor of the fast food chain, for the development near the M18 in Kilbreckan, Doora, just outside Ennis.
Mr. McDonagh originally proposed the station about ten years ago. He was denied planning permission by An Bord Pleanála in 2016, but was granted funding by Clare County Council in December 2020 which was upheld by An Bord Pleanála in October 2022.
Mr. Duffy, hailing from Kilfenora, Clare County, contends there were discrepancies in the project’s Appropriate Assessment, the section of the planning application that identifies any potential detrimental impact on special conservation areas. He additionally provided an argument on Tuesday that An Bord Pleanála should not have echoed the assessment of the Clareabbey treatment facility’s capacity by Irish Water. He stated that it was the board’s duty to critically evaluate the agency’s perspective.
Mr. Duffy previously voiced anxieties about the facility’s capacity in his opposition to McDonagh’s plan, and the Environmental Protection Agency reported in 2018 that the facility was exceeding its capacity.
Both An Bord Pleanála, the respondent decision maker, and Mr. McDonagh, a notice party, are disputing the case and reject Mr. Duffy’s claims. McDonagh was present in the courtroom for the initial day of proceedings.
Likewise, Clare County Council is stated to be a notice party, but is not an active participant in the case, according to the court statement.
The board asserts that its evaluative process and judgment were sound and should remain intact. Moreover, it challenges Mr. Duffy’s articulation of his claim.
Mr. McDonagh’s legal representatives, on the contrary, suggest that Mr. Duffy’s grievances are based on a selective and incorrect elucidation of An Bord Pleanála documents.
In July of last year, the High Court permitted Mr Duffy to proceed legally, albeit on a more restricted basis than he had hoped for. Mr. McDonagh’s legal counsel had requested the court to inhibit Mr. Duffy from moving on to a full hearing.
The ongoing case under Justice David Holland continues this Wednesday.
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