The High Court has dismissed a challenge by Kilfenora resident Michael Duffy to a ministerial direction amending the Clare County Development Plan 2023-2029.
The direction, issued on August 3, 2023, removed residential zoning from 20 identified areas and made a separate change concerning access from adjoining lands to national roads. Duffy's underlying concern was that the direction did not go far enough in removing residential zoning from settlements where he said wastewater treatment was absent or inadequate.
His surviving judicial review grounds were narrower. He argued that submissions he made during consultation on the draft direction had not been properly considered by the Office of the Planning Regulator, or OPR, and by the Minister for Housing.
Mr Justice David Holland rejected those claims.
The court found that Clare County Council's chief executive had fairly summarised Duffy's May 2023 submission, including his contention that zonings requiring wastewater treatment should be removed until adequate infrastructure was available. That report was sent to both the OPR and the Minister.
An internal OPR report also expressly summarised Duffy's objections. The OPR subsequently recommended that the Minister issue the direction with only minor amendments. The court held that Duffy had produced no evidence capable of overcoming the record that his submission had been considered.
The judge also found that the Minister had gone further than the statutory process required by asking officials to obtain the underlying public submissions. A link to all 25 submissions was then included in his briefing material. The court inferred that the Minister had regard to those submissions, including Duffy's.
The ruling does not decide whether Duffy's substantive concerns about wastewater infrastructure or particular residential zonings were correct. It decides that the consultation and decision-making process challenged by him was lawful on the grounds pleaded.
All three remaining grounds were dismissed, and the proceedings were listed for final orders on February 9, 2026.