McGarrell Reilly Homes Ltd & Anor v Meath County Council (Approved) [2023] IESC 40 (21 December 2023)

McGarrell Reilly Homes Ltd & Anor v Meath County Council (Approved) [2023] IESC 40 (21 December 2023)

The Council was not legally entitled to bind itself to future zoning beyond the statutory plan period; the prior commitment in Variation No. 2 was not enforceable. The lands in question were not zoned for residential development during the relevant plan period, so no infrastructure assessment report was required. The Council's reasons for the zoning changes were adequate. There was no breach of statutory duty or legitimate expectation. The applicant was entitled to challenge only the provisions affecting its lands, not the entire development plan.

Citation
[2023] IESC 40
Parties
Applicants/appellants: McGarrell Reilly Homes Limited and Alcove Ireland Eight Limited; Respondent: Meath County Council
Jurisdiction
Ireland
Judgment Date
21 December 2023
Procedural Posture
Judicial Review Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Development Plans, Land Zoning, Legitimate Expectation, Duty to Give Reasons, Consistency With National Planning Framework, Judicial Review Procedure
Planning Law Administrative Law Local Government Law Development Plans Land Zoning Legitimate Expectation Duty to Give Reasons Consistency With National Planning Framework +1 more

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Parties

McGarrell Reilly Homes Limited and Alcove Ireland Eight Limited

Applicants/appellants

Meath County Council

Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Council was required to provide reasons for de-zoning lands previously reserved for residential use beyond the lifetime of the prior development plan
  2. 2 Whether the Council was legally entitled to commit to future zoning beyond the statutory plan period
  3. 3 Whether the Council was required to prepare an infrastructure assessment report under the National Planning Framework (NPF)

Ratio Decidendi

The Council was not legally entitled to bind itself to future zoning beyond the statutory plan period; the prior commitment in Variation No. 2 was not enforceable. The lands in question were not zoned for residential development during the relevant plan period, so no infrastructure assessment report was required. The Council's reasons for the zoning changes were adequate. There was no breach of statutory duty or legitimate expectation. The applicant was entitled to challenge only the provisions affecting its lands, not the entire development plan.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The decision of Meath County Council to adopt the 2021-2027 Development Plan, including the zoning changes affecting the applicants' lands, is upheld.