The High Court has dismissed a challenge to planning permission for 289 houses, a crèche and associated works on an 11.32-hectare site at Circular Road, Ennis, Co Clare.
Ms Justice Emily Farrell rejected proceedings brought by Michael Duffy against the April 2023 permission granted to Glenveagh Homes Ltd. Mr Duffy did not object to development of the site in principle. His case focused mainly on the capacity of the Ennis wastewater network and alleged overflows from the system.
The court found that a November 2021 Uisce Éireann letter did not show that the wastewater system lacked capacity. It said connection was feasible subject to minor upgrades. Later correspondence also confirmed sufficient treatment capacity, while identifying network and treatment-plant works that would be required.
Condition 13 of the permission requires the developer to enter into water and wastewater connection agreements with Uisce Éireann before development begins. The court held that planning permission itself did not authorise wastewater discharge and that Uisce Éireann must be presumed to comply with its legal obligations when deciding whether to permit a connection.
Mr Duffy also argued that An Bord Pleanála failed to consider environmental reports he had identified by hyperlinks in his submission. The court found that the substance of his concerns had been considered. It held that the Board was not obliged to locate documents which had been referred to but not supplied, particularly where guidance allowed supporting material to be delivered separately.
The court assumed in Mr Duffy’s favour that the EPA should have been specifically notified of the application. However, it found that any error did not justify quashing the permission. The EPA had already been consulted by the developer about the environmental impact assessment, raised no complaint in the proceedings and was later discharged as a respondent by consent.
A request to refer questions to the Court of Justice of the European Union was also rejected as unnecessary. The proceedings were dismissed, with consequential matters listed for January 19, 2026.