Sherwin v An Bord Pleanala (Approved) [2023] IEHC 26 (27 January 2023)

Sherwin v An Bord Pleanala (Approved) [2023] IEHC 26 (27 January 2023)

The Board did not err in law in granting permission for demolition of the library wing, north link, and new wing because these buildings were specifically excluded from the Record of Protected Structures by Dublin City Council in 2002. The Board was not required to consider materials not put before it, and the applicant's amendments to the statement of grounds were permissible as they met the interests of justice test. The applicant had locus standi to raise statutory compliance issues, but the substantive grounds failed as the statutory protections did not apply to the buildings in question.

Citation
[2023] IEHC 26
Parties
Applicant: Fionuala Sherwin; Respondent: An Bord Pleanála; Notice Party: CWTC Multi Family ICAV
Jurisdiction
Ireland
Judgment Date
27 January 2023
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application dismissed
Legal Topics
Protected Structures, Judicial Review Procedure, Planning Permission, Demolition of Historic Buildings, Amendment of Pleadings, Locus Standi, Development Plan Compliance
Planning and Development Law Administrative Law Environmental Law Protected Structures Judicial Review Procedure Planning Permission Demolition of Historic Buildings Amendment of Pleadings +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Fionuala Sherwin

Applicant

An Bord Pleanála

Respondent

CWTC Multi Family ICAV

Notice Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether An Bord Pleanála erred in law in granting planning permission for demolition of protected structures without proper consideration of statutory requirements, particularly s.57(10) of the Planning and Development Act 2000.
  2. 2 Whether the demolition of certain buildings (library wing, north link, new wing) was permissible given their status under the Record of Protected Structures and the Dublin City Development Plan.
  3. 3 Whether the applicant had locus standi to raise issues not previously submitted to the Board.

Ratio Decidendi

The Board did not err in law in granting permission for demolition of the library wing, north link, and new wing because these buildings were specifically excluded from the Record of Protected Structures by Dublin City Council in 2002. The Board was not required to consider materials not put before it, and the applicant's amendments to the statement of grounds were permissible as they met the interests of justice test. The applicant had locus standi to raise statutory compliance issues, but the substantive grounds failed as the statutory protections did not apply to the buildings in question.

Court Disposition

Application dismissed

Orders

  • Refusal of order of certiorari quashing the Board's decision
  • No order for further declaratory relief