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Court of Appeal allows appeal of High Court decision quashing planning permission, on the grounds that the language of an applicable statute, read as a whole, compels the conclusion that the planning board had jurisdiction under the statute to grant permission for a strategic housing development in material contravention of a planning scheme.
Court of Appeal – planning and development - statutory interpretation – whether the Board has jurisdiction under the Planning and Development (Housing) and Residential Tenancies Act 2016, as amended to grant permission [for strategic housing development] in material contravention of a planning scheme - strategic housing development - clear that the 2016 Act applies to proposed strategic housing development within an SDZ - whether the Judge was correct in concluding that, where an applicant applies for permission for strategic housing development to ABP under section 4 of the 2016 Act in respect of land within an SDZ – the scheme - Application for Permission – ABP decision - judicial review application and high court decision – appeal - the language of the 2016 Act read as a whole compels the conclusion that ABP had jurisdiction under the Act to grant permission for strategic housing development in material contravention of a planning scheme – appeal allowed –
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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