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Residential development plan rejected due to misinterpretation of zoning objectives
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High Court quashes the decision of An Bord Pleanála to refuse permission for a residential development, finding that the Board misinterpreted the relevant Development Plan. The Board had refused the development on the basis that residential use was not listed as an appropriate use under the zoning objective, but the Court found this interpretation to be in error. The Court also determined that the Board failed to provide adequate reasons for its decision, particularly in light of its departure from the Inspector's recommendation to grant planning permission.
An Bord Pleanála, certiorari, residential development, zoning objectives, Development Plan, Objective ZU18-10, proper planning and sustainable development, planning permission, Cork County Council, High Court, judicial review, material contravention, non-material contravention, planning judgment, reasons for decision, Inspector's recommendation.
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.
