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Quashing of planning permission for housing development due to unlawful omission of private amenity space
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The High Court has quashed a decision by the national planning commission granting permission for a large build-to-rent housing development, after finding the commission unlawfully failed to acknowledge and address a material breach of the local development plan regarding private amenity space. The court held that the omission of balconies from 74 apartments amounted to a material contravention of per-unit private open space requirements, and permission could only have lawfully issued if this was properly identified and considered. Other grounds of challenge, including those relating to daylight/sunlight standards, dual aspect units, zoning and statutory consultation with environmental authorities, were dismissed. The outcome requires the planning commission to reconsider the application, expressly addressing the identified breach.
judicial review – strategic housing development – planning permission – material contravention – private amenity space – balconies – development plan – dual aspect units – daylight/sunlight standards – zoning objective – planning and development acts – statutory consultation – public open space – remittal for re-decision – compensatory communal facilities
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