The High Court has refused Angela Heavey leave to seek judicial review of An Bord Pleanála’s decision to confirm the compulsory purchase of her property at 17 and 17A North Street, Swords.
In a judgment delivered electronically on 2 August 2024, Mr Justice David Holland said Ms Heavey had sufficient interest in the case and had applied within the statutory time limit. But he found no substantial grounds for challenging the Board’s 28 May 2024 decision, and said her statement of grounds did not identify a clear or precise legal basis for granting leave.
The CPO, made by Fingal County Council in 2022, covers the property and is intended to support plans for Swords Castle and the Swords Cultural Quarter, including public realm improvements and a cultural centre. The judge noted that Ms Heavey disputed whether the CPO included an outbuilding, but said he did not need to decide that issue at this stage.
Ms Heavey argued, among other things, that an earlier CPO concerning the same property had been refused in 2004 and should constrain the Board’s later decision. The judge said the evidence before him indicated the Board had considered that earlier decision and was entitled to accept the Council’s submission that the circumstances and purposes had materially changed. He found no substantial ground to challenge the Board’s approach.
The judgment also addressed her criticisms of the CPO oral hearing and inspector’s report. The judge said she gave no specific particulars of prejudice caused by the hearing’s duration or conduct, and found no basis on the evidence before him to conclude that she had been denied fair procedures or materially disadvantaged.
The court rejected her allegations of wrongdoing by Council officials and collaboration between the Council and the Board, finding no evidential basis for them. It also said her arguments about the property’s development potential and the merits of acquiring it did not establish a legal error in the Board’s decision. The judge noted that compensation issues, including how the land might be valued, were outside the scope of the leave application.
The ruling was limited to whether Ms Heavey could proceed with judicial review. It did not determine compensation or the disputed title issue. The judge refused leave, concluding that the statement of grounds could not support it and could not be repaired by amendment.