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High Court, in judicial review proceedings relating to the grant of planning permission in favour of the notice party for the construction of 131 residential units, quashes the decision of An Bord Pleanála to grant planning permission where there was a material contravention regarding the public transport capacity that would serve the site, insofar as the developer only addressed frequency and failed to demonstrate capacity.
Judicial review - planning and development - fifth set of proceedings - applicant challenging validity of strategic housing development - notice party sought planning permission - granted by first respondent - construction of 131 residential units and associated works on lands - applicant unincorporated association - dedicated to sustainable planning - and strong protection for the natural and built environment - grounds of appeal - lack of consent by owner - lack of adequate confirmation of capacity and feasibility by Uisce Éireann - requirement for confirmation at pre-application and confirmation of capacity and feasibility by Uisce Éireann - phrasing of UÉ confirmation - material contravention regarding public transport capacity - Building Heights Guidelines - severance of erroneous reasons - traffic reasons - court ultimately grants order for certiorari - quashing decision of first respondent to grant planning permission to notice party for construction of residential units - court finds failure to address public transport capacity.
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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