High Court calls "design envelope" into question, Court of Appeal to clarify scope
High Court calls “design envelope” into question, Court of Appeal to clarify scope
The High Court has issued an important decision regarding applications for planning permission for projects, which are based on a "design envelope" approach.
In Sweetman v An Bord Pleanála (the Derryadd decision) the Court ruled that the design envelope approach is contrary to the requirement under the Planning and Development Regulations 2001 (the PDR) to provide "plans and particulars" in relation to the relevant application.
In light of the potentially significant implications of its initial decision, the High Court has given leave to appeal to the Court of Appeal on this matter.
In our latest publication, we discuss what this means for developers seeking to rely on a design envelope approach when seeking planning permissions.