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Planning permission remittal to An Bord Pleanála upheld despite new county development plan
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High Court refuses an application for leave to appeal a decision concerning the remittal of a planning permission case to An Bord Pleanála following the introduction of a new County Development Plan (CDP). The court found that the applicant, a local residents' association, did not meet the statutory requirements to establish a point of law of exceptional public importance. The Supreme Court's strong endorsement of the presumption of remittal was a significant factor in the decision, and the High Court held that the circumstances did not warrant remittal to the local planning authority, despite changes to the CDP.
Planning permission, An Bord Pleanála, County Development Plan (CDP), remittal, statutory requirements, s. 50A(7) of the Planning and Development Act 2000, High Court, Supreme Court, public interest, lawfulness, local residents' association, certiorari, s. 131 of the Planning and Development Act 2000, leave to appeal, exceptional public importance.
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.
