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High Court, in planning and development judicial review proceedings, quashes planning board's decision to grant planning permission for the construction of a large scale strategic housing development in Dublin city, on the grounds that: (1) the board's grant of permission occurred in circumstances where the proposed development constituted a material contravention of a local development plan relating to the height of permissible construction under the plan, and the board was not entitled to grant permission with such a contravention present in the application; and (2) the board failed to state its main reasons and considerations for contravening materially the local development plan, and in so doing breached the statutory requirement to do under planning legislation.
Judicial review - planning and development - planning board's decision to grant planing permission for construction of strategic housing development - whether county council as notice party failed to comply with flood risk regulations, local planning guidelines and failed to follow the requirements of the Habitats Directive - nature of proposed development - planning history - board's decision that the omission of entire storeys/floors in the development, as proposed by its inspector, would be unnecessary for proper planning and sustainable development in area - grounds of challenge - flooding risk and other factors relevant to the nature of the proposed development - court's limited role in reviewing board's actions - legal test of irrationality - proposed development not within zone which would have required a 'justification test' to be conducted for purposes of a very detailed flood risk assessment - late introduction of proposed video evidence of flood risk cannot form part of court's reasoning now - foul drainage a matter to be determined by planning board in exercise of its expert judgment - flood risk regulations inapplicable in present case - differences in proposed development from pre-planning consultation stage are not so significant or fundamental to allow Court to interfere - aerials and antennae not permitted to be erected on proposed development by grant of planning permission - will be necessary for developer to apply to county council to do at requisite time - failure by planning board to set out main reasons and considerations to justify departure from city development plan - insufficient reasons given to justify or explain a material contravention - difficult to see how board's decision overcomes finding of its inspector that it is questionable whether entrance to shopping centre requires a landmark building - material before board which provided a basis for decision that proposed development would not unduly interfere with daylight and sunlight of neighbouring properties - alleged paucity of photomontages was a matter to be determined by board by reference to its expertise - no scope for reaching conclusion that there was any breach of Habitats Directive - judicial review proceedings inappropriate to address alleged constitutional challenge related to equality of arms in legal representation given manner in which proceedings currently constituted - no case made to support grant of declaratory relief against county council - certiorari of decision to grant planning permission on grounds that proposed development materially contravenes development plan - board's failure to state main reasons and considerations for contravening materially the county development plan in granting permission sought.
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