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 planning decision to grant permission for the development of 231 residential units, following a judicial review brought by a residents’ management company neighbouring the proposed site. The court found that the planning authority had erred by treating only part of the former institutional lands as subject to masterplanning requirements, when the development plan required a comprehensive master plan covering all lands previously in institutional use and under common ownership. As the developer’s master plan omitted significant adjoining lands still in institutional use and this fundamental deficiency had not been disclosed as a material contravention, the planning permission was invalid. The court did not need to address other grounds raised against the decision.
judicial review – planning permission – institutional lands – master plan – material contravention – development plan – residential development – neighbouring residents – Dún Laoghaire Rathdown County Development Plan 2016-2022 – strategic housing development – Section 9(6)(c) of the Planning and Development (Housing) and Residential Tenancies Act 2016 – Section 8.2.3.4(xi) of the County Development Plan – common ownership – zoning – certiorari
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