Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court quashes the decision to grant planning permission for a 208-apartment development, on the grounds that the Planning Board could not reasonably conclude that the site was well served by high-capacity public transport, a requirement for justifying the project's height in material contravention of the Development Plan; and the Board's reliance on theoretical rather than actual transport capacity was invalid and could not be severed from the decision, rendering the entire permission unjustifiable.
Planning permission - apartment development - public transport capacity - High Court - judicial review - certiorari - Strategic Housing Development - Urban Development and Building Height Guidelines 2018 - National Planning Framework - Specific Planning Policy Requirement 3 (SPPR3) - material contravention - Development Plan - Dublin City Development Plan 2016-2022 - Project Ireland 2040 - National Policy Objective 13 - National Policy Objective 35 - Section 37(2)(b) Planning and Development Act 2000 - adequacy of reasons - severability.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now