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Challenge to county plan direction over wastewater concerns dismissed as authorities found to have considered public submissions
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The High Court refused an application seeking to quash a ministerial direction which amended a county development plan by removing certain residential zonings, following submissions from a local resident who argued that further areas should have been dezoned due to inadequate wastewater treatment. The court found that the statutory bodies involved, including the planning regulator and the minister, had proper regard to the applicant's submissions throughout the process, and that public participation requirements were satisfied. The applicant's challenge was dismissed as the evidence did not establish any failure by the relevant authorities to consider his submissions, nor was any irrationality or error in the process demonstrated.
judicial review – county development plan – ministerial direction – planning authority – public submissions – wastewater treatment – planning and environment – Planning and Development Act 2000 – certiorari – collateral attack – public participation – have regard obligation – irrationality – Office of the Planning Regulator – local authority
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