The High Court has quashed An Bord Pleanála’s permission for 219 homes, a crèche and related works at Parknasillogue, Enniskerry, after finding that the Board failed to properly address local plan requirements for phasing development alongside education, community and employment facilities.
In a judgment delivered on 3 October 2025, Ms Justice Emily Farrell ruled for Joseph Wilson, Margaret Price and Roderick O’Mahony on their judicial review challenge. The order quashes the Board’s decision of 13 October 2022 granting permission to Capami Limited. The judge did not decide the applicants’ other grounds because they were unnecessary to resolve the case.
The Bray Municipal District Local Area Plan provides for development at Parknasillogue to be delivered in phases, with adequate education, community and employment facilities provided for each phase. It specifies that a school site should be provided in the first phase, alongside no more than half the residential development, and employment facilities by the second phase.
The permitted scheme did not include a school or employment uses. The Board’s Inspector had concluded that it materially contravened the plan’s phasing requirements, but recommended permission on a statutory basis that allows certain material contraventions. The Board instead found there was no material contravention, saying the scheme, subject to a condition, was consistent with the “spirit and intent” of the phasing provisions.
Justice Farrell said the Board did not support that conclusion by engaging with the plan’s wording. She held that the finding of no material contravention was based on a misinterpretation of the plan or, alternatively, was irrational. She also found the contravention was material.
The Board’s condition required a phasing scheme to be agreed with Wicklow County Council. The first phase was limited to 75 homes, the crèche and specified road works. The judge found the condition did not require education, community or employment facilities to be delivered in any phase. Letters indicating that land could be made available for those uses did not meet the plan’s requirements either.
The judge said the Council’s 2019 Area Action Plan did not alter the statutory Local Area Plan’s phasing requirements. She made no order against Wicklow County Council. Reliefs against the State respondents were struck out as unnecessary to decide. The case was listed for 13 October 2025 for applications for consequential orders.