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Permission refused for conversion of detached garage to family flat due to conflict with development plan
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The High Court dismissed proceedings brought by an adult applicant with additional needs, who sought to overturn a decision refusing retention of a detached garage converted to a family flat linked by a 20-metre glazed corridor to her family home. The planning authority and An Bord Pleanála both refused permission, finding that the structure’s scale and separation from the main house contravened the local development plan’s requirements for family flats to be a temporary subdivision or extension of an existing dwelling and easily reintegrated into the main house. The court held that while the applicant’s personal circumstances were genuinely sympathetic, planning decisions must comply with the law and development policies. Judicial review is limited to lawfulness and process, not the merits of planning judgment, and the Board had provided lawful reasons based on planning grounds. The court concluded that no error of law or reasoning had been demonstrated and dismissed the application.
judicial review – planning permission – An Bord Pleanála – detached garage – family flat – local development plan – planning and development – retention application – scale of development – reintegration with main dwelling – special needs accommodation – Kildare County Council – reasons for decision – proper planning and sustainable development – High Court – Planning and Development Act 2000
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