Cairn Homes has brought a High Court case asking for an order overturning An Bord Pleanála’s decision to refuse permission for 329 homes in Blessington, Co Wicklow.
The developer’s proposal had been given the green light by Wicklow County Council, despite it materially contravening the local area plan. However, this was reversed in an appeal brought by a community group and local anglers.
An Bord Pleanála refused to sanction the 329 mainly three-bedroom homes but granted permission for two elements of the plan – a 10.65-hectare park and the extension of the Blessington inner relief road.
Cairn’s rejected plan was for 270 houses, 47 apartments and 12 duplexes on an undeveloped 25-hetare site on the edge of Blessington.
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The developer alleges An Bord Pleanála’s refusal is invalidated by it having “misinterpreted” section 32 of the 2000 Planning and Development Act regarding preconditions for “large-scale residential development” (LRD) applications.
The LRD regime was introduced in late 2021 in place of a fast-track process providing for “strategic” housing project applications to go straight to An Bord Pleanála. The LRD scheme restores local authorities’ roles as first-instance decision makers for large housing developments.
Cairn also claims the board failed to provide any reasons for not accepting the developer’s submissions regarding how to interpret the section 32 and for not acceding to its request for a deferral of the determination of the appeal.
It alleges the board “acted contrary to its duties and obligations” and in breach of its rights to reasons, fair procedures and justice.
The developer’s case came before Mr Justice Richard Humphreys in the High Court this week. The judge permitted Cairn Homes Properties to pursue its action, which aims to have An Bord Pleanála consider the planning application afresh.
Wicklow County Council’s overturned permission had stipulated that individual purchasers or people eligible for social or affordable housing must get first occupation of all units, rather than them going to a corporate entity.
Ballymore Eustace Community Development Association and Ballymore Eustace Trout & Salmon Anglers Association appealed the grant to An Bord Pleanála.
Cairn claims the board’s inspector recommended refusing permission for the homes, after which the board requested further information from Wicklow County Council and Cairn on section 32 of the 2000 Act and whether a 2013-2019 local area plan remained in force.
The board went on to refuse to sanction Cairn’s housing proposal.
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