Grant of permission for mixed-use development despite lack of public open space was unlawful

The High Court, in judicial review proceedings, has quashed a decision of the Planning Board to grant permission subject to conditions for the demolition of existing structures and construction of a proposed 12-storey development. The Board had granted permission for a mixed-use development despite the proposed project not including the required 10% public open space. The Board's decision did not include a condition for a financial contribution in lieu of this space, which is typically mandated when public open space is not provided. The original decision by the local planning authority to refuse the 12-storey development was appealed, with the developer indicating a willingness to accept a reduction to 10 storeys if necessary. However, the Board's approval, subject to conditions, did not address the absence of public open space or the associated financial contribution, leading to the conclusion that the Board's grant of permission was unlawful.