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High Court dismisses challenge to An Bord Pleanála’s decision to grant planning permission, but invites further submissions on the challenge to the grant of a bat derogation licence in circumstances where: (i) several core grounds of challenge were not pursued; (ii) those founded on domestic law were not successful; but (iii) where a number of submissions on EU law regarding the challenge to the derogation licence emerged late in the proceedings.
Judicial review – planning and development – certiorari - planning board's decision to grant planning permission and derogation license – Planning and Development (Housing) and Residential Tenancies Act 2016 s 4 – Planning and Development Act 2000 s 50, 50a and 50b – grounds pursued concerned whether planning permission granted in contravention of a zoning objective – whether the Board’s grant of permission was in material contravention of development plan – whether the Board was irrational or unfair in its assessment of traffic impacts – whether the bat derogation license issued to the developer was invalid – all grounds of challenge rejected – submissions on EU law regarding bat derogation license emerged late into application – Court invites further submissions on these points but sceptical of success – Court continues stay on development works.
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