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 zoning of a site from z6 (employment/enterprise) to z10 (inner suburban and inner city sustainable mixed-uses) in a city development plan 2022-2028, on the grounds that the local authority failed to properly list the plaintiff, a local employer, in the chief executive's report as having made a submission on the material alteration to the development plan. This failure was not considered de minimis, and thus could not be excused. the court held that the plaintiff's right to fair procedures and natural justice was infringed as the chief executive's report did not adequately engage with or respond to the plaintiff's submission, nor did it provide sufficient reasons for the zoning decision. the court did not find any material factual errors in the chief executive's report regarding the location of the site or the assertion that rezoning would provide a buffer between residential and employment uses. the court's decision to quash the zoning change was based on the procedural error related to the listing of the plaintiff in the chief executive's report.
Dublin City Development Plan, Zoning Alteration, Employment/Enterprise, Sustainable Mixed-Uses, Chief Executive's Report, Judicial Review, Fair Procedures, Natural Justice, De Minimis Rule, Proper Planning, Statutory Obligations, Z6 Zoning, Z10 Zoning, Material Alteration, Public Participation, Reasons for Decision, Audi Alteram Partem, High Court of Ireland, Quashing Order.
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