Challenge to zoning decision was taken out of time and without leave of the court

Judicial review – planning and development - strategy for the proper planning and sustainable development - Development Plan - provision for sufficient lands to meet the residential needs for ensuing 6 years – application to quash local area plan - remit the application in relation to the zoning objective of the lands to the Council with the intention that the lands might be zoned for residential development - applicant refused planning permission for residential development – local area plan process – applicant sought material alteration of the draft local area plan and the removal of the zoning objective on Phases 3 and 4 of his lands - argued that the Phase 3 and Phase 4 lands should be retained with a residential zoning – consideration of proposed material alteration – no evidence that the council’s discretion was fettered or that they acted unlawfully – section 20 of the Planning and Development Act, 2000 – argued that the Council erred in law in concluding that s.20(3)(q) of the Act of 2000 prohibited it from making any amendment to the land use zoning objective for the lands proposed in the material alterations – argued that the Council acted in breach of fair procedures and unlawfully fettered its discretion in failing and/or refusing to consider making the local area plan without the material alteration – interpretation of Section 20(3)(q)(ii)(I) - extent of the permission granted –not until revised legal submissions on behalf of the applicant were filed in December 2015 that he sought by way of legal submission to challenge the Council’s decision(s) to re-zone - challenge was done out of time and without leave being granted - application brought out of time and without the leave of the court.