Courts / Cork / Report

Coroner challenges decision that lands eligible for 'land hoarding tax'

Date
2023-12-19

Stage
Hearing Or Decision

Primary locality
Cork

County
Cork

Summary

Helen Lucey, Coroner for North Kerry, has filed a High Court challenge against An Bord Pleanala, the Minister for Housing and Local Government, and the Attorney General over the decision that lands in Tonafoa, Dunmanway, Co. Cork, are eligible for the Residential Zoned Land Tax (RZLT). Lucey inherited the lands from her late father and intended to seek planning permission to build houses or sell the land to a builder. A planning professional advised her that obtaining permission would be futile because Cork County Council is refusing all planning permissions in the Dunmanway area due to the local wastewater treatment plant's limited capacity. In March, the council added the lands to a map of RZLT sites, a decision Lucey appealed to An Bord Pleanala. The board dismissed her appeal and upheld the council's decision. Lucey now seeks judicial review, arguing the decision is unfair, unlawful, and irrational, and that the 2022 RZLT guidelines were issued without proper jurisdiction.

Who, what, where, when and why

What: Report matter: Coroner challenges decision that lands eligible for 'land hoarding tax'. Procedural stage: hearing_or_decision

When:

New Year Other
2023-12-19 Publication

Why: This is because the local wastewater treatment plant lacks the capacity to service new developments, it is claimed, and the situation is not expected to change until the plant's capacity increases. CNI source report