Planning Permission for Apartments on Former Church Site Didn’t Consider Statutory Preference for Protection

Grace Sullivan BL, Decisis

March 16, 2023

Sherwin v An Bord Pleanála [2023] IEHC 26 (High Court (Judicial Review), Humphreys J, 27 January 2023)

The High Court quashed the decision of An Bord Pleanála to grant permission for the construction of 1,614 apartments and associated works on the site of former church seminary on the grounds, inter alia, that (a) there was a lack of reasons or defects in consideration (b) there was a failure to observe the statutory preference for protection explicit and implicit in legislation and the relevant development plan.

Applicant brought judicial review proceedings seeking an order of certiorari quashing the decision of An Board Pleanála of 4 November 2021, granting permission to the Notice Party for the construction of 1,614 built-to-rent apartments and associated works on the site of a former church seminary. 

Whether amendments in judicial review proceedings outside of statutory period are permitted ‒ whether the applicant had locus standi ‒ whether An Board Pleanála erred in law in granting planning permission for demolition of certain buildings without having consideration to the relevant development plan ‒ whether there was a lack of consideration / material contravention of legislation by An Board Pleanála.

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