Offaly County Council is to appeal a High Court decision to halt part of its new development plan in a row over the de-zoning of residential land in Tullamore.
Earlier this month, Mr Justice Charles Meenan granted investment vehicle, Consdorf Investments ICAV, a stay on the new county plan as it affects Consdorf's 25-hectare site in the town which includes a site for 349 houses.
In the previous plan, the Consdorf site was zoned for housing but the council, in order to comply with national and regional guidelines, said it de-zoned the land, so it could reduce its overall residential zoning.
As well as granting a stay on the de-zoning of the Consdorf land, Mr Justice Meenan granted the developer leave to bring judicial review proceedings seeking to quash the de-zoning itself.
Consdorf has also sought declarations, including that the council erred in law in failing to consider reasonable alternatives to the decision it made and in failing to have any or adequate regard to the Government's new housing plan.
On Tuesday, Damien Keaney BL, for the council, said his side was appealing the High Court order and was seeking the digital audio recording of the hearing of the matter before Mr Justice Meenan.
The judge granted permission to access the recording.