Judgment: 2024-10-17 · Court archive

High Court quashes Fingal’s CI zoning for ALSAA lands after finding councillors considered irrelevant factors

The court found that support for the existing sports use was a lawful planning reason, but that repeated references to helping ALSAA in its dispute with daa and sending a message to the airport operator were not peripheral. It quashed the zoning and declared the affected land unzoned pending a plan variation.

High Court · [2024] IEHC 589

Who, what, where, when and why

Who
  • Fingal County Council (Respondent)
  • ALSAA
What

The court found that support for the existing sports use was a lawful planning reason, but that repeated references to helping ALSAA in its dispute with daa and sending a message to the airport operator were not peripheral. It quashed the zoning and declared the affected land unzoned pending a plan variation.

Where

Places mentioned in the report

  • Dublin Airport
  • Fingal
When

Judgment:

Other dates in the report
  • 4 November 2024

    Unless a party applies otherwise by written submission within 14 days, the order is to be perfected, with a stay limited to planning-enforcement purposes pending assignment of a zoning objective or further order. The judgment listed the matter for 4 November 2024 to confirm the proposed orders.

Why

Reasons reported in the judgment

The High Court has quashed part of Fingal County Council’s development plan that rezoned ALSAA sports facilities at Dublin Airport as Community Infrastructure (CI), finding that councillors took account of factors outside proper planning considerations.

The High Court has quashed part of Fingal County Council’s development plan that rezoned ALSAA sports facilities at Dublin Airport as Community Infrastructure (CI), finding that councillors took account of factors outside proper planning considerations.

In a judgment delivered on 17 October 2024, Mr Justice Humphreys found that the council’s stated planning reason—to align the zoning with the existing recreational use—was clear and lawful. But the transcript of the council debate showed repeated references to supporting ALSAA in its dispute with landowner daa and sending a message to the airport operator. Those considerations were not peripheral, the judge held, and the zoning decision therefore did not comply with the requirement to consider only proper planning matters.

The challenge was brought by daa against Fingal County Council. ALSAA operates the facilities under licence. The disputed amendment changed the zoning of land outlined in orange on a map considered by the council from Dublin Airport (DA) to CI. The council adopted the amendment despite recommendations from its chief executive that the DA zoning remain.

The court rejected daa’s other challenges to the ALSAA zoning. It held that the council had given an adequate central reason for its decision, had considered the submissions, and was entitled to prefer ALSAA’s position. The court also rejected the argument that the zoning was unlawful because it conflicted with national or regional planning policy. Those conclusions did not determine the separate noise-related grounds, which the judgment said had been postponed depending on the outcome of a related case.

The court ordered certiorari quashing the part of the 2023–2029 development plan that applied the CI zoning to the identified ALSAA lands. It declared that the land is to be treated as unzoned until the plan is varied to assign a land-use objective. The court did not order the council to reconsider the matter through remittal, saying the statutory plan-variation process was available.

Unless a party applies otherwise by written submission within 14 days, the order is to be perfected, with a stay limited to planning-enforcement purposes pending assignment of a zoning objective or further order. The judgment listed the matter for 4 November 2024 to confirm the proposed orders.

Read the original court judgment

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