Supreme Court to hear appeals concerning the nature of, and challenges to, local development plans

The Supreme Court has granted leave to appeal in respect of two legal challenges brought by developers regarding zoning elements of the Meath County Development Plan for 2021 to 2027 (McGarrell Reilly Homes Limited v Meath County Council [2023] IESCDET 36  (McGarrell) and Killegland Estates Limited v Meath County Council [2023] IESCDET 37 (Killegland)). Both proceedings had been dismissed by the High Court in July 2022.

In their determinations dated 28 March 2023, a three-judge Supreme Court panel said the applications raised points of general public importance. A hearing later this year is expected, with the two appeals being heard together. The Court will examine the grounds upon which a challenge can be brought to part of a plan, the nature and extent of any obligation to provide reasons for rezoning decisions and the nature and extent of the obligation to address submissions made on a draft plan.

In Killegland, Killegland Estates Limited had bought land at Ashbourne Co Meath for €1 million before Meath County Council, as part of its review of the Meath County Development Plan, decided to remove the housing zoning for those lands, and instead designate them for community infrastructure, to be used as an access site to a park. In the High Court, Mr Justice Richard Humphreys ruled that there was no basis for Killegland to argue that the Council’s rezoning decision exceeded the bounds of rationality, and so it was upheld as lawful. The High Court further found that even if the Council’s decision was flawed, there would be a particular problem related to granting an order to quash the zoning changes, where the applicants had only sought to quash the decision in relation to their own lands and not the core strategy that ensures compliance with national and regional policy. Mr Justice Humphreys commented that litigants should "not be allowed to cherry-pick pieces of an overall scheme that has to hang together."

In McGarrell, the same judge also dismissed a separate but similar case taken by McGarrell Reilly Homes Limited and Alcove Ireland Eight Limited relative to land in Kilcock and Stamullen.

The Supreme Court is no doubt cognisant that this issue is of general public importance currently, where many of the revised Development Plans are under legal challenge including those of Dublin City Council, Dun Laoghaire Rathdown and Wicklow, as well as other challenges to the Meath County Development Plan.

For more information please contact Alison Fanagan, Consultant and Joint Head of A&L Goodbody's Environmental & Planning Group or any member of our Environmental & Planning Group.

Date published: 18 April 2023