Irish Supreme Court Confirms That Developers Can Continue To Defend Planning Judicial Review Proceedings
| Published date | 28 March 2024 |
| Subject Matter | Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution, Trials & Appeals & Compensation |
| Law Firm | Ogier |
| Author | Larry Fenelon and Sarah Rogers |
The Irish Supreme Court has significantly treated concessions by An Bord Plean'la to orders of certiorari on grants of planning permission as opinion only, thus enabling developers to continue to defend judicial review challenges, in certain circumstances.
Background to the case
Ballyboden Tidy Towns Group, issued judicial review proceedings seeking to quash a decision of An Bord Plean'la ('the Board') dated July 2021 granting planning permission to Ardstone Homes ('Ardstone') for a Strategic Housing Development ('SHD') of 241 apartments, between four and six stories high, at Stocking Avenue, Woodstown, Dublin...
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