Stapleton v An Bord Pleanala & Ors (Approved) [2024] IEHC 3 (13 February 2024)

Stapleton v An Bord Pleanala & Ors (Approved) [2024] IEHC 3 (13 February 2024)

The Board complied with its statutory obligations by having appropriate and reasonable regard to daylighting guidelines, applying the correct ADF minima, considering compensatory measures, and providing adequate reasons. The applicant's arguments regarding 5% ADF as a mandatory target, failure to resolve public transport adequacy, sustainability, and material contravention of communal open space were not substantiated. The Height Guidelines are not ultra vires or unconstitutional.

Citation
[2024] IEHC 3
Parties
Applicant: Martin Stapleton; Respondent: An Bord Pleanála; Respondent: The Minister for Housing, Local Government and Heritage; Respondent: Ireland and the Attorney General; Notice Party: Savona Ltd; Notice Party: Dublin City Council
Jurisdiction
Ireland
Judgment Date
13 February 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused; permission upheld.
Legal Topics
Strategic Housing Development, Daylighting Standards, Sustainability, Public Transport Adequacy, Material Contravention, Communal Open Space, Height Guidelines, Constitutionality of S.28(1 C) PDA 2000
Planning Law Environmental Law Administrative Law Constitutional Law Strategic Housing Development Daylighting Standards Sustainability Public Transport Adequacy +4 more

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Parties

Martin Stapleton

Applicant

An Bord Pleanála

Respondent

The Minister for Housing, Local Government and Heritage

Respondent

Ireland and the Attorney General

Respondent

Savona Ltd

Notice Party

Dublin City Council

Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether An Bord Pleanála had appropriate and reasonable regard to daylighting guidelines in granting permission for SHD
  2. 2 Whether the Board validly resolved disputes regarding adequacy of public transport
  3. 3 Whether the Board adequately addressed sustainability regarding daylight and public transport

Ratio Decidendi

The Board complied with its statutory obligations by having appropriate and reasonable regard to daylighting guidelines, applying the correct ADF minima, considering compensatory measures, and providing adequate reasons. The applicant's arguments regarding 5% ADF as a mandatory target, failure to resolve public transport adequacy, sustainability, and material contravention of communal open space were not substantiated. The Height Guidelines are not ultra vires or unconstitutional.

Court Disposition

Application refused; permission upheld.

Orders

  • The application to quash the planning permission is refused.
  • The planning permission granted by An Bord Pleanála stands.