The High Court has quashed An Bord Pleanála’s decision to grant planning permission for a 30-bedroom guesthouse and 30 homes in Rathcairn, finding that the language impact study did not establish that the development would benefit the use of Irish in the community.
In a judgment delivered on 10 November 2021, Mr Justice O’Callan held that the study relied on inaccurate figures and did not meet the requirements of Meath County Development Plan. The court concluded that the Board’s decision was unreasonable and granted an order of certiorari quashing its permission. It did not decide the applicants’ arguments concerning European law, saying the case could be resolved on narrower grounds.
The planning permission followed an appeal from the developer after Meath County Council refused the proposal. The Board granted permission in June 2020. Its decision relied on a condition requiring 70% of the homes to be reserved for people able to demonstrate Irish-language competence, with details of the required standard and its assessment to be agreed in writing with the local authority.
Ráth Chairn Teoranta, the applicant, challenged the permission. It argued that the study wrongly combined figures for Rathcairn and Baile Ghib, despite differences between the communities, and did not show the development would have a positive effect on Irish as the community language. It also said the language condition left key matters to be agreed later and that the Board had not properly considered submissions in Irish from Gaeltacht bodies.
The Board disputed those claims. It argued that the study was adequate, that it had considered the submissions, and that the condition did not amount to an unlawful delegation. It also objected to the admission of expert evidence that had not been before it when it made its decision.
The judge admitted the evidence of Professor Ó Giollagáin, finding it helpful in explaining errors in the study and the relevant language-planning context. The judgment says the study used figures that treated Rathcairn and Baile Ghib as one unit and contained an error concerning daily Irish speakers outside the education system. The judge found its conclusions lacked adequate explanation or analysis and that it did not demonstrate the positive impact required by the development plan.
The court also criticised the study’s unsupported assertion that reserving 50% of the homes would help sustain the village. The judgment records differing suggested thresholds in submissions, including 50%, 80% and 100%, but did not itself determine the correct percentage. The remedy was to quash the Board’s decision and order; the court did not grant planning permission or decide the application afresh.