Murphy & Ors v An Bord Pleanala (Approved) [2024] IEHC 186 (30 August 2024)

Murphy & Ors v An Bord Pleanala (Approved) [2024] IEHC 186 (30 August 2024)

The Board erred in law by failing to apply the relevant policies of the Development Plan to lands in institutional use at the time the Plan was made, regardless of the absence of the INST designation on the map or subsequent cessation of use. The Board was not entitled to disregard Policy RES5 and OSR11, and its decision to grant permission was invalid as it was based on an incorrect interpretation of the Development Plan.

Citation
[2024] IEHC 186
Parties
Applicants: Paul Murphy, Connor Richardson, Barbara Scully, Ann Lehane, Anne Marie Keady, James Hedderman, Colin Riordan, Ted McEnery, Ronnie Hay, Harry Crowe; Respondent: An Bord Pleanála; Notice Party: Clonkeen Investments DAC
Jurisdiction
Ireland
Judgment Date
30 August 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Order of certiorari granted; planning permission quashed.
Legal Topics
Material Contravention, Development Plan Interpretation, Zoning, Institutional Lands, Open Space Policy, Judicial Review of Planning Decisions
Planning Law Administrative Law Environmental Law Material Contravention Development Plan Interpretation Zoning Institutional Lands Open Space Policy +1 more

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Parties

Paul Murphy, Connor Richardson, Barbara Scully, Ann Lehane, Anne Marie Keady, James Hedderman, Colin Riordan, Ted McEnery, Ronnie Hay, Harry Crowe

Applicants

An Bord Pleanála

Respondent

Clonkeen Investments DAC

Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether An Bord Pleanála erred in law by granting planning permission contrary to the Dun Laoghaire Rathdown County Development Plan 2016-2022, specifically regarding institutional lands, Policy RES5, Policy OSR11, and zoning objective A.
  2. 2 Whether the absence of the INST designation on the zoning map precludes the application of policies relating to institutional lands.
  3. 3 Whether the cessation of actual use of lands for institutional/community purposes after the making of the Development Plan alters the application of relevant policies.

Ratio Decidendi

The Board erred in law by failing to apply the relevant policies of the Development Plan to lands in institutional use at the time the Plan was made, regardless of the absence of the INST designation on the map or subsequent cessation of use. The Board was not entitled to disregard Policy RES5 and OSR11, and its decision to grant permission was invalid as it was based on an incorrect interpretation of the Development Plan.

Court Disposition

Order of certiorari granted; planning permission quashed.

Orders

  • The decision of An Bord Pleanála dated 23 December 2021 (ABP Ref. 311329) granting planning permission to Clonkeen Investments DAC is quashed.