Ballymore Eustace scheme cleared in court to go ahead

THE SUPREME Court has cleared the way for a development of houses, shops, a creche and a medical centre at Ballymore Eustace, Co Kildare.

http://www.irishtimes.com/newspaper/ireland/2009/0723/1224251144464.html

It seems that this has happened because Kildare County Council made a mistake and did not pose any questions regarding the planning until one day after the allowed time period.

Section 34 7 (f) of the planning act 2000 states
(f) Where a planning authority fails to make a decision within the period specified in paragraph (a), (b), (c), (d) or (e), a decision by the planning authority to grant the permission shall be regarded as having been given on the last day of that period.

http://www.irishstatutebook.ie/2000/en/act/pub/0030/sec0034.html

Could anyone tell me what is the position for people who had originally objected to the permission?

Also is it now possible to appeal the decision to an Bord Pleanala ?

The council will now grant the permission and the usual 30 days to appeal etc kicks in.

I can see Ballydrive now taking a case against the council for damages from loss of profits based on their refusal to grant the permission by default by in 02!!!