Courts / Waterford / Report

Council's decision not to develop Traveller accommodation is quashed

Date
2021-11-23

Stage
Hearing Or Decision

Primary locality
Waterford

Summary

In November 2021 the High Court quashed Waterford City & County Council's decision not to build a seven‑bay Traveller halting site at Carrickphierish Road. The council's elected members had voted 16‑to‑2 against the development in March 2021. Two Irish Traveller community members, Ellen Delaney and Mary O'Reilly, sued for judicial review, arguing that the council failed to give proper reasons, relied on erroneous claims about Covid‑19 assistance, ignored overcrowding at a nearby Traveller housing scheme, and acted after the Chief Executive's February 2021 recommendation. The applicants, represented by the Free Legal Advice Centres, sought an order quashing the decision, declarations that the decision was irrational, unreasonable and breached housing obligations and human rights legislation, and that the council pay their legal costs. The court agreed to quash the decision and order the council to pay the applicants' costs.

Who, what, where, when and why

What: Report matter: Council's decision not to develop Traveller accommodation is quashed. Procedural stage: hearing_or_decision

When:

February 2021 Other
2021-11-23 Publication

Why: They further claimed that the decision is invalid because it was made more than six weeks after the council's Chief Executive recommended in a February 2021 report that construction of the halting site proceed. CNI source report