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 |
The High Court quashed a decision by the planning authority granting permission for a large residential development comprising 219 units and a crèche, following a judicial review brought by local residents. The court held that the planning authority had failed to properly interpret and apply the local area plan's requirements regarding the phasing of development, specifically the provision of education, community, and employment facilities alongside housing. The court found the authority’s reliance on the 'spirit and intent' of the plan, rather than its clear text, amounted to a misinterpretation or irrational reasoning. The judgment emphasised that permission for significant housing could not be granted in material contravention of the statutory planning framework without adherence to the correct statutory procedures. As a result, the permission for the development was quashed.
judicial review – planning permission – residential development – phasing of development – local area plan – material contravention – planning authority – strategic housing development – education and community infrastructure – employment facilities – order of certiorari – Planning and Development (Housing) and Residential Tenancies Act 2016 – Planning and Development Act 2000 – Rules of the Superior Courts (RSC) – statutory interpretation
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 e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now