A High Court challenge has been brought against An Board Pleanála’s refusal to grant planning permission for a crematorium at the site of the former Tayto factory in Coolock, Dublin.
The action has been brought by T Stafford and Sons Unlimited, which has for many years operated funeral homes in Dublin.
The applicant successfully applied in 2022 to Dublin City Council (DCC) for permission to construct a crematorium at Greencastle Road, Coolock, where it had previously secured planning for a funeral home, as well as associated offices and other facilities.
However, DCC’s decision to give the proposed electric crematorium the go-ahead was overturned by the board last February, on the grounds that the crematorium would “materially contravene” the zoning of the site, as set out in the Dublin City Development Plan 2022-2028.
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The board said that the purpose of the zoning in that part of the city is to “consolidate and facilitate the development of inner city and inner suburban sites for mixed-uses”.
The proposed development would, the board added, adversely affect the amenities of premises in the vicinity, including residential amenity, and would unduly diminish the development potential of the area.
The applicant claims in judicial review proceedings challenging the decision that the board made “a fundamental legal error” in its finding that the crematorium contravenes the development plan.
There was no basis nor evidence to support such a finding, the applicant claims, and the decision to refuse is “irrational”.
The board’s finding that the proposed development would affect local amenities is unreasonable, and the planning authority also failed to give proper or adequate reasons for its determination, it is also claimed.
The applicant says that the decision is unlawful, because the board allegedly relied on non-statutory guidance from the UK. The board allegedly treated that guidance as if it were binding and determinative of the appeal, which it is alleged amounted to a breach of fair procedures.
It is also claimed that a neighbouring business, Mannings Bakery Limited, objected to the proposed facility, claiming the applicant had failed to properly assess a crematorium’s impact on the food production facility.
The concerns, expressed by the objector, were “baseless” as the crematorium would not emit any odours or have any impact on the surrounding areas, the applicant claims.
Represented by Niall Handy SC, instructed by Gavin Simons of Amoss Solicitors, the applicant has brought judicial review proceedings against the board, where it seeks various orders and declarations from the court. These include an order quashing the board’s refusal to grant permission.
The matter came before Mr Justice David Nolan the High Court on Thursday. The judge deemed the application formally opened, and adjourned the action.
The case will return before the court when the new legal term commences after the Easter recess.
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