High Court quashes planning refusal of 300-home estate in Fermoy

The developer argued that the requirement for playing fields was 'a legacy issue'

The proposed housing development at Coolcarron, Fermoy, designed by Geraldine Coughlan Architects Ltd, was originally refused for the new residential area 1km from Fermoy town because the developer failed to provide for playing pitches within the development, which was a requirement under the Local Area Plan.

The High Court has made an order quashing a decision of An Coimisiún Pleanála to refuse planning permission for more than 300 homes in Fermoy, Co. Cork.

The order was made on consent of both the planning commission and developer Cumnor Construction Limited, with Mr Justice Richard Humphreys presiding, according to information provided by the Courts Service.

Permission was originally refused for the new residential area 1km from Fermoy town because the developer failed to provide for playing pitches within the development, which was a requirement under the Local Area Plan.

The plans originally lodged with the commission as a strategic housing development application in April 2022 contained 242 houses and 94 apartments and duplexes, as well as a creche on the 11.75-hectare site.

The design also provided four flexible open space areas with natural play features, a linear green route at the western boundary of the site, and a shared footpath and cycleway along the R639 road between the estate and the town.

In reviewing the application, Cork County Council observed that a stipulation around existing football fields at the north of the site might allay concerns about the lack of playing fields in the design; however, the planning inspector said he "strongly disagree[d] with this approach" because of the possibility of "potential unforeseen impacts" on housing density and layout.

Cumnor Construction Ltd, which is based in Blarney, Co Cork, argued that there were a number of playing pitches at St. Colman’s College Sports Campus to the immediate north of the site and the requirement for playing pitches on its lands was “a legacy issue”. 

The commission returned a decision to refuse the application in September 2025, and the developer swiftly applied for a judicial review of the decision in the High Court. The order to quash the commission's decision by mutual agreement was made at the end of September this year.

The developer's planning application was reactivated on the An Coimisiún Pleanála website this week, with a decision on the development due by late February next year.