The High Court has settled the terms of an order quashing specified parts of Meath County Council’s development plan for the Southern Environs of Drogheda and setting White Lands zoning for the affected A2 lands.
The judgment, delivered by Humphreys J on 3 May 2023, deals with the form of the final order following an earlier judgment on 17 February 2023. It does not determine a fresh challenge to the plan’s environmental assessment. That claim had been dismissed in July 2022; the earlier order was vacated and the same relief was dismissed again as part of the final order.
The court ordered certiorari over references to A2 zoning and lands on specified Drogheda map sheets, excluding lands zoned A2 Phase I under the previous plan. It also quashed the last three paragraphs of section 2.8.1.1 and the figure “178.70” in a table in section 2.10.4. The court said it would not quash the council’s “decision to make” the plan, but the specified parts of the plan itself.
Under section 50A(9A) of the Planning and Development Act 2000, the court amended the relevant map sheets to provide for “WL (White Lands)” zoning on the A2 lands covered by the order. The judge considered White Lands zoning a less radical change to the plan than reinstating an A2 Phase II category. He said the council’s view carried considerable weight, while the elected members could consider later developments through a lawful plan variation process. The order preserves the council’s ability to adopt a local area plan, joint area plan or variation consistent with the earlier judgment.
A stay will apply to current and future planning applications or appeals affected by the certiorari order until a variation made in light of the judgment takes effect, or until further court order. It expressly includes planning appeals 313190-22, 313187-22 and 314352-22. The council must notify An Bord Pleanála of the stay.
The respondent must pay the applicant’s costs, including reserved costs, subject to adjudication if the parties do not agree. The order was to be perfected after seven days unless a party filed a written legal submission raising an issue with its terms; if so, the matter would be listed on the next convenient Monday List.