The Judge noted that the inspector recognised her need for a new home arising from her marital separation, but explained that the “exceptional circumstances” provision in the previous Development Plan no longer exists under the current one.
A Kildare farmer has lost her High Court bid to overturn a planning refusal for a new farmhouse - after stricter county rules on one-off rural housing blocked her application.
Eithne Herbert, from Lowtown, Robertstown, Naas, had sought permission to build what she described as a modest home on her own land, saying she needed the dwelling after having to sell her original family home during legal proceedings.
According to Agriland, she first applied in 2022 but was refused by Kildare County Council and later by the national planning appeals body.
Although she successfully challenged that decision in the High Court in 2023, the case was sent back for a fresh ruling.
However, by April 2024, Kildare’s new County Development Plan had come into force - introducing a requirement that applicants must not already own, or have previously been granted permission for, a one-off rural home in the county.
Because Herbert was granted permission for a house back in 2001, the new rules automatically counted against her.
In his judgment, Mr Justice David Nolan said Herbert was “most unfortunate” to fall foul of the revised policy, but found that An Coimisiún Pleanála had properly considered her circumstances and was obliged to apply the updated plan.
He noted that the inspector recognised her need for a new home arising from her marital separation, but explained that the “exceptional circumstances” provision in the previous Development Plan no longer exists under the current one.
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