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 |
Supreme Court dismisses appeal from High Court, and affirms refusal to grant judicial review of a decision by a local authority (in a county development plan) to 'de-zone' an area zoned for residential development in order to facilitate the development of a park, on the grounds that: (a) it was not necessary to challenge the whole of the county development plan in order to challenge a zoning decision concerning a particular piece of lands; (b) reasons had been given on a number of occasions for the zoning decision concerning the particular piece of land; and (c) the reasons were not based on irrelevant considerations.
Hogan J (nem diss): Planning and development - decision to de-zone land earlier zoned for residential development - decision to de-zone a small 'infill' site - adoption of new development plan in 2021 - resolution of elected members of local authority - whether adequate reasons given for 'downzoning' lands from residential to community infrastructure - development of park - whether relevant piece of land singled out unfairly - whether development plan was binding on planners - objectives of national planning framework - whether applicant was obliged to challenge the entirety of the development plan in order to challenge particular zoning decision - core strategy - adequacy of reasons - whether reasons were based on irrelevant considerations.
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