24/01/2005
Archived item. This item is published here for historical reasons. The information below may be out of date.
Weston Aerodrome - High Court action
High Court action was initiated in October 2002 against Fallowvale Ltd./Weston Ltd. in relation to the following developments at Weston Aerodrome:-
a. extension of hard standing, taxiways and apron
b. security fencing
c. car parking area
d. extension and extensive modifications to former bungalow
e. demolition and replacement of hangers
f. existence of a hanger for which retention permission was refused in 2000
g. new wastewater treatment system
h. new fuel tank
i. earth berms on northern and western boundary
Following the making of documentary evidence available to the Council on 7/10/02 which had been repeatedly requested from the developer since early Sept. 2002 the items at (a) and (b) were then regarded as exempted development which does not require planning permission.
The matter was listed for initial hearing in the High Court on 21/10/02. The following reliefs were sought:-
1. That all unauthorised works cease immediately
2. That the unauthorised works and structures not be made use of
3. That all unauthorised structures be demolished and returned to their original condition and usage.
The case was adjourned for 2 weeks to the 04/11/02.
The two berms of earth on the northern and western boundary of the aerodrome were located along a wayleave area for the proposed Lucan /Palmerstown Water Supply Scheme for which a contract had been entered into by the Council early in October.
As a result of negotiation between the parties on the 04/11/02 an undertaking was given to the High Court by Fallowvale Ltd /Weston Ltd. to remove the berm at the western boundary and at least 25m of the berm at the northern boundary to free up the way-leave area from mounded earth. This work was carried out to the satisfaction of the Council’s Environmental Services Department.
Following 4 days of hearings in February 2003 the case was completed and closing submissions were made on 5th June 2003.
Judgment was reserved and was due to be issued on the 19th January 2005. However the Councils Law Agent was informed this week that the judgement would not be issued on the 19th. The Council is now awaiting a new date for delivery of this judgement.