A secondary school in Greystones, Co Wicklow, has brought a legal challenge to planning approval for a McDonald's restaurant less than 100 metres from its front entrance.
Temple Carraig secondary school claims McDonald’s Restaurants Ireland Ltd chose the location for its planned drive through restaurant at Blacklion Neighbourhood Centre because it is close to three schools which expect to cater for 1,800 students.
The decision by An Bord Pleanala to grant approval for the restaurant fails to take account of national policy concerning the health of children and to reduce childhood obesity, it is alleged.
The Government had in March 2013 published a strategy entitled Healthy Ireland, a Framework for Improved Health and Wellbeing 2013-2025 which identified childhood obesity as a major public health issue, the school claims. Part of the remit of a special action group on obesity is an examination of how schools can influence healthy eating and responsible food choices.
A healthy eating policy is in force in the school which features the importance of food choices and applies criteria for food choice within the school involving more fruit and vegetables, iron and calcium rich foods and less fat, sugar and salt and other additives, the court heard.
Mr Justice Richard Humphreys granted leave for judicial review of the September 30th 2015 decision by the board to grant permission for a development comprising the McDonald’s restaurant and drive through, a health and fitness studio and a commercial unit at the Blacklion Neighbourhood Centre.
The proposed development is close to three schools on the Blacklion campus — Temple Carraig secondary school, Gaelscoil na gCloch Liatha and Greystones Educate Together. The action is by the Temple Carraig Secondary School board of management on behalf of that school, Jarlath Fitzsimons SC, for the school, told the court.
After Wicklow County Council granted permission for the development subject to various conditions, the school and others appealed to An Bord Pleanala. Their appeal failed and An Bord Pleanala granted approval subject to 11 conditions.
Mr Fitzsimons said his client objected to the board’s approval on several grounds, including that An Bord Pleanala failed to heed the mandatory requirement to have regard to relevant government policies, including the Healthy Ireland Strategy 2013 and the National Policy Framework for Children and Young People 2014. Such policies represent a “high priority government objective”, it is argued.
An Bord Pleanala was also required, under the planning acts, to consider the proposed use of lands beside a school but there is just 30 metres between the proposed restaurant and an avenue to the school and 89 metres between the restaurant and the school’s front entrance, counsel argued.
It was also argued An Bord Pleanala unlawfully took the view, because Wicklow County Council’s Local Area Development Plan guidelines had not incorporated healthy eating policies, such policies were not an issue for consideration before the board.
A board inspector had in his report noted the Council had said it had not decided to amend the Greystones/Delgany and Kilcoole Local Area Plan 2013-19 to limit the exposure of children to high fat foods. The inspector also noted a wide mix of uses, including fast food restaurants, was permitted at the Blacklion Neighbourhood Centre site.
It is claimed the inspector erred in law in failing to have regard to the guidelines as a freestanding set of policies, notwithstanding that they were not specifically adopted in the Wicklowlocal area plan.
Among other grounds of challenge it is claimed the board failed to itself carry out an appropriate assessment, for the purposes of the Habitats Directive, concerning whether the proposed development was likely to have a significant effect on a European site.
