Fogarty’s shop in Thurles closes after 70 years: ‘Mam’d get up at 7am, and close at 10pm and go to bed’
After the board conceded the case, the core dispute became whether the court should simply overturn the permission, with the effect the planning process would have to be restarted, or remit the matter to the board for reconsideration. The board and the developer favoured remittal but the applicants argued the permission should simply be overturned.
Crofton also asked the Supreme Court to hear a ‘leapfrog’ appeal, one direct to that court from the High Court. If the permission was simply quashed, as the applicants sought, any fresh application by the developer would not be under the accelerated planning system prescribed by the 2016 Act, since expired, the court noted. However, remittal would mean the board would have to reconsider the application under the 2016 Act.
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