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Planning permission for discount food store quashed due to failure to address development plan objective
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The High Court quashed the grant of planning permission for a new discount food store and associated works in Moyross following a judicial review brought by owners of a nearby shopping centre. The court held that the planning commission failed to engage with a key objective of the local development plan, which requires new retail development to be located in existing town or district centres where practicable and viable. While dismissing other technical and procedural objections, the court found the commission's decision fatally flawed for not properly addressing whether alternative accommodation within the existing centre could have satisfied the objective. As a consequence, the court ordered certiorari to quash the challenged permission and awarded costs accordingly.
judicial review – planning permission – discount food store – material contravention – local development plan objective – retail planning guidelines – retail impact assessment – Watchhouse Cross Shopping Centre – procedural fairness – certiorari – landowner consent – statutory consultees – Sherwin v An Bord Pleanála – Planning and Development Act 2000 – Environmental Impact Assessment Directive – costs – Rules of the Superior Courts (RSC)
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