Friday Miscellany 5 March 2021 Brendan Slattery, Head of Environment and Planning - Irish Planning Institute
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Friday Miscellany 5 March 2021 Brendan Slattery, Head of Environment and Planning
Today’s Menu • Substitute consent • Development plans • Planning enforcement • Letters of consent • SHD consent quashes • Judicial Review Bill
An Taisce v. An Bord Pleanála (McQuaid Quarries)
[2018] IEHC 315, 640
[2019] IESCDET 231, [2020] IESC 39
An Taisce & Sweetman v. An Bord Pleanála (Ballysax)
[2017] IEHC 634, [2019] IEHC 40
13 February 2019 | The Use and Abuse of Buildings [2019] IESCDET 216 and 217, [2020] IESC 39
An Taisce v. An Bord Pleanála (McQuaid Quarries)
[2018] IEHC 315, 640
[2019] IESCDET 231, [2020] IESC 39
Planning and Development,
and Residential Tenancies, Act 2020
An Taisce & Sweetman v. An Bord Pleanála (Ballysax)
[2017] IEHC 634, [2019] IEHC 40
13 February 2019 | The Use and Abuse of Buildings [2019] IESCDET 216 and 217, [2020] IESC 39
Mount Juliet Estates Residents Group v. Kilkenny County Council [2020] IEHC 128
Mount Juliet Estates Residents Group v. Kilkenny
County Council [2020] IEHC 128
Mount Juliet Estates Residents Group v. Kilkenny County
Council
Struck out, 9 October 2020
Krikke v. Barranafaddock Sustainability Electricity Limited [2019] IEHC 825, [2020] IESCDET 57, [2020] IESC 33, 42 Krikke & Sweetman v. An Bord Pleanála, High Court 2019 Nos. 674 and 707JR
Krikke v. Barranafaddock Sustainability Electricity
Limited [2019] IEHC 825, [2020] IESCDET 57, [2020]
IESC 33, 42
Krikke & Sweetman v. An Bord Pleanála, High Court
2019 Nos. 674 and 707JR
Krikke v. Barranafaddock Sustainability Electricity
Limited
Court of Appeal 2019 No. 511
Heard, 17 June 2020, judgment awaited
Kenny v. An Bord Pleanála [2020] IEHC 290 Kenny v. Roscommon County Council [2021] IEHC 24
Ardstone Residential Partners Fund ICAV and Ardstone Homes Limited v. Kildare County Council, High Court 2020 No. 538JR Windlynn Limited v. An Bord Pleanála, High Court 2020 No. 683JR Rycroft Homes ABP-306826-20
Waterford City & County Council v. Centz Retail Holdings Limited [2020] IEHC 540 and 634
Ferry v. Calderbanks t/a D&M Services & anor [2021] IEHC 97
Planning and Development (Amendment) Regulations 2021 (SI No. 9 of 2021) Circular PL 01/2021
Units Project (sorted by Board ref., grouped by Challenge Outline of the Successful Ground 214 Chesterfield House (302921) 2019 No. 191JR Prejudice to public participation, where
site) (Southwood Park online copy of report on bats materially
536 St Paul’s 1 (300559) 2018 Nos. 422, 423 & 426 Board’s written record of habitats Residents Association) different from printed copy on which the
JR (Conway, Clonres, assessment. Stage two appropriate Grant to Cairn Homes Properties Limited Board relied.
Sweetman) assessment completed by reference to at Chesterfield, Cross Avenue, Blackrock
Grant to Crekav Trading GP Limited legal test for stage one screening only. Quash (judgment)
(Marlet) on lands east of St. Paul's 250 Bryanstown (303799) 2019 No. 508 JR (Protect
College, Sybil Hill Road, Raheny Quash (consent), remit East Meath)
(judgment)
As St Paul’s 2 (302225) 2018 No. 880 JR (Crekav) Board’s written record of habitats Grant to Correet Limited at Bryanstown,
above assessment. Disagreement with inspector Drogheda, Co. Meath Withdrawn
about stage one screening and stage two 132 Our Lady’s Grove (304420) 2019 No. 709 JR Failure to regard a relevant consideration,
Refuse Quash (judgment) appropriate assessment. (Redmond) namely, the designation of the lands as
“institutional” under the development
657 St Paul’s 3 (305680) 2020 Nos. 237 and 346 JR Board’s written record of habitats Grant to Durkan Estates Clonskeagh plan.
(Conway, Clonres) assessment. Scientific doubt arising from Limited at Our Lady’s Grove, Goatstown Quash (judgment), no
submissions made by Dublin City Road, Goatstown remit (judgment)
Grant Council, Birdwatch Ireland and Irish Brent Material contravention of density and
Quash (consent), remit Goose Research Group not eliminated. public open space.
(report)
As St Paul’s 4 (307444) 2020 No. 693, 725 JR
above (Clonres, Conway), for Failure to regard a relevant consideration,
hearing 9 March 2021. namely, the future provision of additional
Grant 2020 No. 729 JR institutional (educational) facilities.
(Sweetman), adjourned 366 Capdoo (304632) 2019 No. 825 JR
164 Baily Court Hotel 1 (301722) 2018 No. 947 JR Board’s written record on consideration of (Dempsey)
(Balscadden Road SAA excavation material. Grant to Ardstone Homes Limited at
Residents Association) Capdoo, Clane, Co. Kildare Withdrawn (proposed
Grant to Crekav Trading GP Limited
(Marlet) on lands at former Baily Court reference, ruling,
Hotel, Main Street, and at Balscadden Quash (consent), no withdrawn reference)
Road, Howth remit 450 Newtown (305110) 2020 No. 44 JR (Protect Insufficient evidence to complete stage
177 Baily Court Hotel 2 (305828) 2020 Nos. 275 and 293 JR Regard to irrelevant consideration, East Meath) one screening for appropriate assessment,
(Balscadden Road SAA namely, the merits of the quashed absent site survey and analysis of
Grant to Ravala Limited at Newtown, anthropogenic effects.
Residents Association permission. Marsh Road & McGraths Lane Railway Quash (consent),
Grant and Morris) Terrace, Drogheda, Co. Louth developer refused
Failure to include principal dimensions of permission to defend
Quash (leave and subterranean structure. (judgment)
substantive judgment), 548 Spencer North 1 (305219) 2020 No. 68 JR (Dublin Board’s written record on material
no remit City Council) contravention of height limit in
development plan.
Grant to Spencer Place Development
Judgment awaited on Company Limited (RGRE ) at City Block Quash (consent), remit
whether balance of issues 2, Spencer Dock (report)
should be addressed 548 Spencer North 2 (305219) 2020 No. 469 JR (Dublin Material contravention of height limit in
City Council) planning scheme prohibited.
197 Bearna (302216) 2019 No. 20 JR (Heather Material contravention of population Grant
Hill Management growth target. Quash (judgment),
Company) appeal certificate granted
Grant to Burkeway Homes Limited at
Trusky East, Bearna, Co. Galway Regard to an irrelevant consideration, (judgment)
Quash (costs, judgment), namely, mitigation measures at stage one 245 Premier Dairies (305312) 2020 No. 45 JR (O’Neill) Board’s written record on material
appeal certificate refused screening for appropriate assessment. contravention of height limit in
(judgment) development; inconsistent analysis of
Grant to Ruirside Developments Limited Quash (judgment), criterion relevant to height guidelines.
Material contravention of flood risk at Former Premier Dairies Site, Finglas appeal certificate refused
guidelines and development; justification Road (judgment)
test required.198 Brady’s Pub 1 (305459) 2020 No. 175 JR (O’Lone) Board’s written record on reasons for 358 TCD, Cunningham House (306837) 2020 No. 722JR Board’s written record on screening
departing from recommendation of (Kenny) for sub-threshold development.
inspector.
Grant to Bartra Property (Castleknock) Quash (consent), no remit Grant to Trinity College Dublin at
Limited at Brady's Public House, Old (report) Cunningham House, Trinity Hall, Quash (consent)
Navan Road Dartry (report)
184 Brady’s Pub 2 (307976) 2021 No. 58 JR (O’Lone), 298 Dalguise House (306949) 2020 Nos. 737 and 756
for hearing, 12 October
JR (JR Monkstown
2021 (report)
Grant Road Residents
Grant to Lulani Dalguise Limited at
661 Oldbridge, Rathmullan (305552) 2020 No. 238 JR Material contravention of zoning, where Association and Starrs
Dalguise House, Monkstown Road,
(Highland Residents phased for after duration of the plan. Holdings Limited),
Monkstown
Association and Protect for case management,
Grant to Trailford Limited at Rathmullan East Meath) 24 March 2021
Road, Rathmullan, Drogheda, Co. Meath Insufficient evidence to complete stage one
screening for appropriate assessment,
Quash (judgment) absent site survey and analysis of ex situ 372 Celbridge (306504) 2020 No. 814 JR
effects. (Fitzgibbon)
Grant to Ardstone Homes Limited at
Regard to an irrelevant consideration, Crodaun, Celbridge, Co. Kildare Withdrawn
namely, mitigation measures at stage one 336 Docklands Innovation Park (306778) 2020 No. 712 JR
screening for appropriate assessment. (Atlantic Diamond),
for hearing, 20 April
741 Connolly Quarter (305676) 2020 No. 248 JR (Dublin Breach of “other uses” prohibition within Grant to EWR Innovation Park
2021
Cycling Campaign) definition of strategic housing Limited at Docklands Innovation
development, by reference to use for which Park, 128-130 East Wall Road
Grant to Oxley Holdings Limited permission was not sought. 324 Omni Living (307011) 2020 No. 806 JR
(Ballymore) at the Rear of Connolly Station Quash (judgment), no
remit, appeal certificate (O’Riordan)
requested Grant to Omni Park Shopping
248 St Clare’s (305728) 2020 No. 266 JR (Walsh) Board’s written record on material Centre Consortium at the northeast Dismissed (judgment)
contravention of height limit in of Omi Park Shopping Centre,
development plan. Swords Road, Santry
Grant to St Clares GP3 Limited (Marlet) at Quash (consent), remit
467 Crodaun (307100) 2020 No. 811 JR
St. Clare's Convent and No's. 115-119 (report)
Harold's Cross Road, Harold's Cross
(Fitzgibbon), for
hearing, 13 July 2021
192 Carpenters Town, Balroy House (305980) 2020 No. 388 JR (Higgins) Board’s written record on assessment of Grant to Crodaun Development
winter overshadow impacts and/or the Company Limited at west side of
BRE guidelines on average daylight factor. Maynooth Road (R405) and north of
Grant to Glenveagh Homes Limited at Quash (judgment) Kilwhogan Stream, Crodaun,
Balroy House, Carpenstown Road, Celbridge, Co. Kildare
Castleknock
105 Herbert Park (307197) 2020 No. 761 JR
512 Claremont, Techrete (306102) 2020 No. 470 JR (Morris) (Pembroke Road
Association), for
Grant to Derryroe Limited at 36, 38,
hearing, 4 May 2021
Grant to Atlas GP Limited (Marlet) at Dismissed (judgment) 40 Herbert Park and 10 Pembroke
Techrete Site, Beshoff Motors and Garden Place, Ballsbridge
Centre, Howth Road 416 Bailey Gibson (307221) 2020 No. 830 JR
360 Kilmalum Road (306777) 2020 No. 683 JR Regard to an irrelevant consideration, (Kerins), for hearing
(Windlynn Limited) namely, Variation No. 1 to the Kildare 13 April 2021
County Development Plan. Grant to DBTR – SCR1 Fund (Hines)
Refused to Windlynn Limited at at Bailey Gibson Site, 326-328 South
Kilamalum Road, Blessington, Co. Quash (consent) Circular Road
Wicklow and Co. Kildare496 Taylor’s Lane (307222) 2020 No. 816 JR
(Ballyboden Tidy Towns
Group), for hearing, 2 June
Grant to Shannon Homes Construction at 2021
Taylors Lane and Edmondstown Road,
Taylors Lane, Ballyboden
614 Montrose (307239) 2020 No. 1628P As yet, undisclosed issue with processing of
(constitutionality) and 2020 the file.
No. 499 JR (Comerford)
Grant to Cairn Homes Properties Limited at
at RTE Campus Montrose, Stillorgan Road
Quash (consent) (report)
167 Steeples Road (307240) 2020 No. 721 JR Material contravention of density.
(Stoneyford Green
Residents Association)
Grant to David Target Investments ICAV at
Commons, The Steeples Road, Duleek, Co.
Meath Quash (consent) (report)
123 Old Ford Road, Ballincollig (307313) 2020 No. 813 JR (Waltham
Abbey Residents
Association), for hearing,
Grant to O’Flynn Construction Company at 23 March 2021
Old Fort Road, Ballincollig, Co. Cork
216 Orchard Road, San Paula (307441) 2020 No. 971 JR (Orchard
Road and Grove Planning
and Environment
Grant to Denis O’Brien Developments Protection Group), for
(Cork) Limited at San Paula, Orchard Road, hearing, 6 July 2021
Cork
320 Manorlands Trim (307507) 2020 No. 1030 JR (Eco
Advocacy), for hearing, 23
February 2021
Grant to Keegan Land Holdings at
Charterschool Land, Manorlands 2nd
Divisions and Commons Td 7th Division,
Trim
204 Stoney Hill Road (307698) 2021 No. 17 JR (Four
Districts Woodland Habitat
Group), for hearing, 15
Grant to Romeville Developments Limited at June 2021
Stoney Hill Road, Rathcoole
628 Marmalade Lane (308157) 2021 No. 130 JR
(Concerned Residents of
Wesley Estate Clonard),
Grant to 1 Wickham Land Limited (Lioncor) leave application, 1 March
at Marmalade Lane, Wyckham Avenue, 2021
Dundrum
397 Cork Street Shared Living (308162) 2021 No. 129 JR (Redden),
leave application, 1 March
2021
Grant to Alphabet ABC Properties Limited
at The Old Glass Factory.Units Project Challenge Outline of the Successful Ground
536 St Paul’s 1 (300559) 2018 Nos. 422, 423 & 426 JR (Conway, Board’s written record of habitats assessment. Stage two appropriate assessment
Clonres, Sweetman)) completed by reference to legal test for stage one screening only.
657 St Paul’s 3 (305680) 2020 Nos. 237 and 346 JR (Conway, Board’s written record of habitats assessment. Scientific doubt arising from
Clonres) submissions made by Dublin City Council, Birdwatch Ireland and Irish Brent Goose
Research Group not eliminated.
164 Baily Court Hotel 1 (301722) 2018 No. 947 JR (Balscadden Road SAA Board’s written record on consideration of excavation material.
Residents Association)
450 Newtown (305110) 2020 No. 44 JR (Protect East Meath) Insufficient evidence to complete stage one screening for appropriate assessment,
absent site survey and analysis of anthropogenic effects.
548 Spencer North 1 (305219) 2020 No. 68 JR (Dublin City Council) Board’s written record on material contravention of height limit in development plan.
198 Brady’s Pub 1 (305459) 2020 No. 175 JR (O’Lone) Board’s written record on reasons for departing from recommendation of inspector.
248 St Clare’s (305728) 2020 No. 266 JR (Walsh) Board’s written record on material contravention of height limit in development plan.
360 Kilmalum Road (306777) 2020 No. 683 JR (Windlynn Limited) Regard to an irrelevant consideration, namely, Variation No. 1 to the Kildare County
Development Plan.
358 TCD, Cunningham House (306837) 2020 No. 722JR (Kenny) Board’s written record on screening for sub-threshold development.
614 Montrose (307239) 2020 No. 1628P (constitutionality) and 2020 As yet, undisclosed issue with processing of the file.
No. 499 JR (Comerford)
167 Steeples Road (307240) 2020 No. 721 JR (Stoneyford Green Material contravention of density.
Residents Association)Public Consultation on General Scheme of the Housing and Planning and Development Bill 2019 9 December 2019 to 27 January 2020
This document is for general guidance only and should not be regarded as a substitute for professional advice. Such advice should always be taken before acting on any of the matters discussed. © McCann FitzGerald, March 2021
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