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Legal briefs: Flintshire gypsy development sees off court challenge; Apple debacle triggers call for dedicated planning court

Words: Roger Milne
Scales of Justice / iStock: 155393832

A round-up of legal news: 12 May-18 May, 2018

Flintshire gypsy development sees off court challenge

The owner of a listed country villa in Holywell has failed to overturn planning permission for a nearby gypsy encampment approved by Flintshire County Council.

The Leader

Apple debacle triggers call for dedicated planning court

Apple’s decision to drop its proposed €850 million data centre in Athenry after citing planning and legal delays has triggered calls for planning reform and a proposed solution in the shape of the creation of specialised planning branch of Ireland’s High Court.

Irish Times

Key Habitats Directive ruling on mitigation moves

Measures that will be taken to mitigate or avoid the harmful effects of a proposed development project cannot be taken into account when deciding whether an appropriate assessment is necessary at the screening stage under the Habitats Directive, the EU's highest court has ruled.

Pinsent Masons

Can a community fund be a material planning consideration?

The Supreme Court has granted Resilient Energy permission to appeal the question of whether a community benefit fund offered to the Forest of Dean District Council can be a material planning consideration.

Landmark Chambers

No challenge possible to Dublin fast-track housing scheme

Dublin City Council has no way of blocking the development of 500 homes in north Dublin under the fast-track planning regime following legal advice on the matter. 

Irish Independent

Counting the cost of the Apple case

Legal bills for the court challenge to Apple’s abandoned plans for a data centre at Athemry, County Galway, could run to about €1 million, according to some estimates.

Irish Times

Data protection call as new EU rules kick in

England’s chief planner Steve Quartermain has written to local planning authorities to remind them of the importance of complying with their data protection responsibilities when they exercise their planning functions in the light of the EU General Data Protection Regulation (GDPR).

Local Government Lawyer