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High Court has refused to issue an order of mandamus to compel a local authority to prepare a Local Area Plan, in circumstances where the authority admitted its failure to meet its statutory obligation to do so. The court acknowledged the council's breach of duty but exercised its discretion to deny the mandatory relief sought by the applicant nonprofit organisation. The decision was influenced by the council's argument of facing exceptional circumstances, including resource constraints and staffing shortages, which would render the order disproportionate and not in the public interest. The court emphasized the need to consider the council's allocation of limited resources and the potential disruptive effect of mandamus on the council's other statutory functions.
Local Area Plan (LAP), mandamus, statutory obligations, Planning and Development Act 2000, environmental protection, judicial review, resource constraints, staffing shortages, discretionary remedy, exceptional circumstances, public interest, sustainable development, settlement hierarchy, East Meath.
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.
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