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Legal briefs: Dublin docklands building height challenge; An Bord Pleanála questions court’s analytic role

Words: Roger Milne
Scales of Justice / iStock: 155393832

A round-up of legal news: 2 May-7 May, 2020

Dublin docklands building height challenge

One of developer Johnny Ronan’s companies has been arguing in the Court of Appeal that last year’s High Court decision rejecting the developer’s position over building height guidelines in Dublin’s docklands should be overturned.

Irish Independent

An Bord Pleanála questions court’s analytic role

The Irish planning board has requested permission to challenge the extent of the High Court’s jurisdiction to analyse board decisions, following a judge’s ruling quashing the planning agency’s approval of a biogas plant project in County Meath.

Irish Times

Cumbernauld development decision was 'perverse'

North Lanarkshire Council must redetermine proposals for a major retail and entertainment development at a retail park on the edge of Cumbernauld, after the owner of a shopping mall in the town centre mounted a successful challenge to the planning permission in the Court of Session, which ruled the reasons for the decision were “perverse” and “inadequate” as well as “materially flawed”.

Glasgow Herald

Cork wind farm move

The Irish Supreme Court has put a conditional stay on an order overturning permission for a wind farm at Bear na Gaoithe in County Cork until An Bord Pleanála has decided the developer’s application for a substitute planning consent, which was made after the court found an earlier permission from the board was invalid.

Irish Times

Lockdown threatens planning permission deadlines

Planning experts Nicholle Kingsley and Jennifer Craske from legal firm Pinsent Masons have voiced concern that despite industry pressure on the UK government, some planning deadlines in England and Wales have not yet been adjusted to take account of the Covid-19 lockdown. They advocate an automatic extension of planning permissions about to expire either through the approach adopted in Scotland or by using the framework already used during the 2008 economic recession.

Pinsent Masons