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Minister’s directive to amend development plan overturned due to misinterpretation of legal standards
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The High Court invalidated the Minister's directive to amend a County Development Plan, finding that both the Minister and the Office of the Planning Regulator (OPR) misinterpreted the legal standards for consistency with national and regional planning objectives. The court held that the requirement for general consistency with the National Planning Framework (NPF) and Regional Spatial and Economic Strategy (RSES) was not met, as the analysis failed to consider the entire development plan area. The court emphasised that the planning authority's decision to retain the 0/0 Objective was within its discretion and did not constitute illegality. Consequently, the Minister's directive was deemed invalid due to a misdirection in law.
Ministerial directive, Development plan, 0/0 Objective, Planning authority, Office of the Planning Regulator, National Planning Framework, Regional Spatial and Economic Strategy, Judicial review, Legal misdirection, Planning judgment, Heritage protection, Compact growth, Transport corridors, Dún Laoghaire-Rathdown County Council, General consistency, S.10 PDA 2000, S.31 PDA 2000.
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.
