The Commercial Court has ruled that Environment Minister John Gormley acted outside his powers under the Planning Acts. This occurred when he overturned Dun Laoghaire Rathdown County Council’s designation of the Park Village lands in Carrickmines as a “district centre”. (Thursday, 11th Nov 2010)
The basic facts are as follows: Tristor Ltd acquired the lands in 2006 and wanted to develop the Park Village as a “district centre”. Gormley opposed this and claimed that the draft development plan for the area did not comply with the Planning and Development Act 2000 because it failed to set out “an overall strategy for the proper planning and sustainable development of the area.” The Minister favoured a “neighbourhood centre” – the development of groups of small shops serving a localised catchment population, rather than a “district centre” which allows for a development with considerably more retail space.
The kernel of the case revolved around the interpretation of Section 31 PDA 2000. Clarke J. found that this provision did not entitle the Minister to issue a direction simply because he disagreed with the strategy contained in the development plan and preferred another. For this section to be effectively invoked, Gormley needed to show that the Council had breached its obligations to agree to a development plan which set out an overall strategy for the proper planning and sustainable development of the area. This had not occurred. Many strategies could be adopted which would be consistent with the requirement for an overall strategy for the proper planning and sustainable development of an area and it was for the elected representatives of the Council to decide which of the range of possible strategies was to be included in the development plan. It was not for the Minister to “second guess” the Council.
Fair procedures in planning also featured in this case. Clarke J. ruled that the Minister’s directions were invalid because he failed to give interested parties, including Tristor Ltd, which planned to develop the Carrickmines District Centre, the opportunity to be heard.
The Irish Times article on this case: http://www.irishtimes.com/newspaper/breaking/2010/1111/breaking55.html
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