Ryan v An Bord Pleanala & Ors (Approved) [2025] IEHC 111 (27 February 2025)

Ryan v An Bord Pleanala & Ors (Approved) [2025] IEHC 111 (27 February 2025)

The Court found that the Board did not err in law in its EIA screening or in its consideration of the Water Framework Directive. There was no evidence that the proposed developments would incrementally add to existing pollution or that Analog was a source of such pollution. The Board's decisions were rational, and the planning process included appropriate precautionary measures. The applicant failed to establish any legal error or breach of statutory duty by the Board or Council.

Citation
[2025] IEHC 111
Parties
Applicant: Tom Ryan; First Respondent: An Bord Pleanála; Second, Third and Fourth Respondents: The Minister for Housing Local Government and Heritage, Ireland and the Attorney General; First Notice Party: Analog Devices International; Second Notice Party: Limerick City and County Council; Third Notice Party: The Environmental Protection Agency; Fourth Notice Party: IDA Ireland
Jurisdiction
Ireland
Judgment Date
27 February 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Environmental Impact Assessment (eia), Water Framework Directive (wfd), Planning Permission, Judicial Review, Statutory Investigation, Pollution Control
Planning and Environmental Law Administrative Law Environmental Impact Assessment (eia) Water Framework Directive (wfd) Planning Permission Judicial Review Statutory Investigation Pollution Control

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Tom Ryan

Applicant

An Bord Pleanála

First Respondent

The Minister for Housing Local Government and Heritage, Ireland and the Attorney General

Second, Third and Fourth Respondents

Analog Devices International

First Notice Party

Limerick City and County Council

Second Notice Party

The Environmental Protection Agency

Third Notice Party

IDA Ireland

Fourth Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Board misdirected itself in law as to the requirement for an Environmental Impact Assessment (EIA) for the proposed developments
  2. 2 Whether the Board and Council failed to comply with the Water Framework Directive in relation to the Fanfare Development
  3. 3 Whether relevant material was not furnished to the Board

Ratio Decidendi

The Court found that the Board did not err in law in its EIA screening or in its consideration of the Water Framework Directive. There was no evidence that the proposed developments would incrementally add to existing pollution or that Analog was a source of such pollution. The Board's decisions were rational, and the planning process included appropriate precautionary measures. The applicant failed to establish any legal error or breach of statutory duty by the Board or Council.

Court Disposition

Application dismissed

Orders

  • Refusal of certiorari to quash the Board's decisions
  • No order as to costs against the EPA or non-appearing notice parties