High Court to quash decision on housing at Lower Point Road in Dundalk

The applicants in the Judicial Review against the decision by An Bord Pleanala (now known as An Coimisiún Pleanála) to grant permission to Louth County Council to build 44 houses on the Lower Point Road proceedings have confirmed that final orders were made by the High Court , bringing to a close a significant legal challenge concerning the proposed residential development on the Lower Point Road.

According to the applicants, who are made up of residents situated in the Lower Point Road area, the High Court made orders:

• Quashing An Bord Pleanála's decision to grant planning permission for the proposed housing development;
• Directing An Bord Pleanála to pay the Applicants' legal costs; and
• Remitting the planning application to An Bord Pleanála for reconsideration in accordance with law.

The Judicial Review challenged the legality of the decision-making process adopted by An Bord Pleanála. The applicants said that the outcome represents a significant legal victory for them and confirms that the planning decision cannot stand.

Emma Coffey, County Councillor and solicitor for the applicants, said: "This case has always been about ensuring that the planning process complies with the law.

“The High Court's orders represent an important vindication of that principle. Public confidence in the planning system depends upon proper compliance with environmental law and fair decision-making."

According to Emma Coffey, following the remittal of the application, An Bord Pleanála must reconsider the planning application in accordance with the Court's judgment.

The Board may either refuse planning permission following reconsideration or require a full Environmental Impact Assessment and any other environmental assessments required by law before making a fresh decision.

While the reconsideration process may take a considerable period of time, the applicants believe that it is essential that any future decision fully complies with Irish and European environmental law and reflects a lawful and transparent planning process.

The applicants said that they wish to thank everyone who has supported the Judicial Review proceedings over the past number of years.

This outcome demonstrates, they added, that public participation and access to the courts remain vital safeguards in ensuring that planning decisions affecting local communities are made lawfully.