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Dunmore farmer given permission to challenge residential zoning of land

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Dunmore farmer given permission to challenge residential zoning of land

A Dunmore farmer has been given High Court permission to challenge his the zoning of his land as "residential".

It's argued the land is actively farmed, and this zoning will make the farmer liable for a tax that could force him to sell the lands and lose his livelihood.

According to The Journal.ie, Michael Knightly argues he took the land on from his father and has actively and sustainably farmed it for 20 years.

His lawyers submitted that zoning his land as residential would result in him facing a tax that could necessitate a sale of the lands, and interfere with his right to earn a livelihood.

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He's asking the court to quash the zoning decision and is pursuing his case against Galway County Council, the Revenue Commissioners, Ireland and the Attorney General.

The zoning stems from a local development plan for Dunmore, within the wider Galway County Development Plan 2022-2028.

Mr. Knightly claims the zoning failed to take into account reasonable considerations, was one of disproportionate interference, and was objectively biased.

He also contends that the decision was a breach of EU directives, climate policy and Constitutional justice.

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The Journal.ie reports that Galway County Council said the site was recognised for its "strategic location, full servicing and potential to support compact urban growth".

But Mr. Knightly argues the council failed to assess the lack of any real economic activity of note in Dunmore in the past 20 years.

Ms Justice Sara Phelan granted leave for the judicial review and adjourned the matter to January.

 

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