Courts / Cork / Report

Cork County Council brings action against Minister over development plan

Date
2021-03-15

Stage
Hearing Or Decision

Primary locality
Cork

County
Cork

Summary

Cork County Council has filed a High Court challenge against the Minister for Local Government and the State, arguing that a December 2023 direction to remove a variation to the 2014 Cork County Development Plan is unlawful. The council's elected members had introduced a variation in January 2020, including a retail planning strategy, after reviewing a detailed report and concluding that a major retail outlet centre would benefit the area without harming other retail centres. The Minister claimed the variation made the plan inconsistent with national spatial planning guidelines and that the Office of the Planning Regulator had found it inconsistent with its recommendations. The council, represented by James Connolly SC and Stephen Dodd SC, contends the Minister acted without jurisdiction, misinterpreted guidelines, and considered irrelevant factors. They seek an order quashing the Minister's direction, declarations that parts of the 2018 Planning and Development (Amendment) Act are unconstitutional, and that the direction has no legal effect.