Council seeks review of Meath housing plan

MEATH’S county manager yesterday confirmed he is seeking a judicial review of a decision by An Bord Pleanála to grant planning permission for a development of over 400 homes in Navan, as it included a requirement for 20% of the units to be made available for social and affordable housing.

In 2004, the council refused to grant permission to Taggart Homes Ireland Limited for 425 residential units at Johnstown.

At the time, the council said the development would be premature “to the upgrade of sewage facilities in the area”.

However, on appeal, Bord Pleanála granted permission in May, subject to a number of conditions. The permission allows for 361 terraced, semi-detached and detached houses, and 64 one-bedroom and two-bedroom apartments on the 30-acre site, to the south east of Navan. It was estimated that 20% of the new homes would be worth in the region of €8million-€10m.

Yesterday, councillors were told that it had since came to light that the board did not include a condition requiring compliance with Part V of the Local Government Planning and Development Act 2000.

The effect of the omission, said county manager Tom Dowling, was the council would not be able to enforce Part V, which allowed the council to obtain up to 20% of the houses to be provided in the development, or alternatively land or a financial contribution.

“This is a matter of serious concern to the council as it is clear in law that An Bord Pleanála is required to comply with all relevant legislation in arriving at their decisions.”

The county manager said the council asked for an explanation from the board.

Mr Dowling confirmed: “I have now decided to seek a judicial review of the decision on the basis that the order, due to an administrative error, did not comply with the requirements of Section 96 (2) of the 2000 Development Act.”

He said An Bord Pleanála indicated it would not oppose such an application. The planning appeals body, said Mr Dowling, was also willing to consent to its decision order being quashed and remitted back to it for the purpose of attaching an appropriate condition or such other order that the court may make.

Mr Dowling said the council’s legal advisers have been instructed by him “to proceed immediately with the process and in particular to make every effort to ensure that the matter comes before the courts as quickly as possible”.