Court annuls planning permission for 660 new homes near Battle of the Boyne site

THE SUPERIOR COURT reversed An Bord Pleanála’s decision to grant planning permission for a development that included more than 660 homes near the site of the historic Battle of the Boyne.

In a detailed trial, Judge Denis McDonald found that the board’s decision, taken last January, which allowed Trailford Ltd to develop 661 housing units, a neighborhood center and daycare in Rathmullen, Drogheda Co Meath was “incorrect in the law “and should be set aside.

The board’s decision was made in accordance with laws that establish a fast track planning procedure for substantial housing developments that can be defined as strategic housing developments, bypassing the local authority.

The board, the judge said, had been wrong to fail to take due account of the effects that the proposed development may have on bird species in the Boyne Estuary Special Protection Area (SPA).

This mistake, the court said, violated the European Union directive on habitats.

The judge further held that the board had also been wrong to rule out the possibility of significant effects that the proposed development could have on four other major ecological areas nearby. sites, known as Natura 2000 sites.

The effects at the sites would come from the movement of silt and contaminants from the development site, the court added.

The Highland Residents Association, which represents those living near the proposed development site, and Protect East Meath Ltd, a body seeking strong environmental protections in that area, had challenged the decision.

They claimed that the board’s decision was flawed for a number of reasons, including that the board did not adequately consider the potential effects that development will have on four sites identified by the EU as central breeding and resting sites for rare and threatened animal species.

The applicants, represented by John Kenny Bl and attorney Fred Logue, had also alleged that the board had failed to consider the impact that the proposed development would have on the site of the historic 1690 battle.

The judicial review proceedings were against An Bord Pleanála, the Minister of Culture, Heritage and Gaeltacht, Ireland and the Attorney General, who opposed the action.

The developer, Trailford Limited and Meath Co Council were notified parties to the action.

In his judgment, Judge McDonald said that a proper survey had not been conducted to see if the proposed development site was used as an ex-situ or off-site location for rare birds of the Boyne Estuary SAC more than 4 km away, particularly during high tide. before the board.

This is a requirement of the EU habitats directive, the judge said. He said it would be a key requirement that any studies conducted regarding this site have been conducted during high tide, when some of the bird species in the SCA move to off-site habitats.

The selection exercise conducted by the board, the judge said, did not comply with the directive or with the Planning and Development Act of 2000.

The judge also held that the board had erroneously considered certain mitigation issues when the site was being reviewed. That was another basis on which the board’s decision should be overturned, the judge added.

The judge said the applicants had raised grounds alleging that the board’s decision was more flawed due to the lack of a proper survey of local bat populations.

However, the judge said he was convinced that this aspect of the plaintiffs’ case should fail. The judge added that there was no need to consider any other issue in the case.

The matter will return to court at a later date, when final orders are expected to be issued.