Introduction

The High Court of Ireland's decision in Higgins & Ors v. An Bord Pleanala & Ors [2020] IEHC 564 marks a significant development in Irish planning law, particularly concerning the assessment of overshadowing in new developments. This case revolves around the proposed housing development on Balroy House in Castleknock, Dublin, where the applicants challenged the board’s permission on several domestic and EU law grounds, ultimately focusing on inadequate overshadowing assessments.

Summary of the Judgment

The applicants, residents opposite Balroy House, contested the board's approval of a 192-unit housing development by Glenveagh Homes Ltd. The crux of their challenge lay in the board's assessment of overshadowing—claiming that the evaluation was based solely on a single date (21st March) and failed to consider the variation in shadowing throughout the year. The High Court, presided by Mr. Justice Richard Humphreys, found that the board’s analysis was indeed inadequate, particularly regarding the overshadowing impact, leading to the granting of certiorari and the subsequent need for reconsideration of the overshadowing assessment.

Analysis

Precedents Cited

The judgment references several key cases and legal principles to underpin the decision:

• R v. Lancashire County Council, ex parte Huddleston [1986] 2 All E.R. 941: Emphasizes the necessity for transparency and fairness in judicial reviews.
• Saleem v. Minister for Justice, Equality and Law Reform [2011] IEHC 55: Highlights the requirement for authorities to have proper regard for relevant guidelines and statutes.
• Mark de Blacam, Judicial Review, 3rd ed. (Dublin, Bloomsbury, 2017): Serves as a foundational text on the principles governing judicial reviews in Ireland.

These precedents collectively stress the importance of adherence to statutory guidelines and the provision of adequate reasons in administrative decisions, which were pivotal in evaluating the board's conduct in this case.

Legal Reasoning

The court meticulously dissected the board's adherence to the relevant planning guidelines, particularly focusing on overshadowing assessments. The key points in the legal reasoning include:

• Compliance with Guidelines: The board was expected to refer to British Standards BS 8206-2: 2008 and the BRE Group's guidelines from 2011. The court found that these were not adequately referenced or applied in the board's assessment.
• Assessment Methodology: The board relied on a single date, 21st March, for overshadowing analysis, contravening the requirement to consider shadowing throughout the year to account for seasonal variations.
• Evidence and Reasonableness: The court deemed the board's conclusion of "no impact" on overshadowing as irrational and unsupported by comprehensive evidence, thereby breaching the principles of reasonableness and fairness in administrative decisions.

Ultimately, the court concluded that the board failed to appropriately assess overshadowing impacts, rendering part of its decision arbitrary and irrational.

Impact

This judgment has far-reaching implications for future planning decisions in Ireland:

• Enhanced Scrutiny on Overshadowing: Authorities must conduct thorough overshadowing assessments that consider variations throughout the year, adhering strictly to established guidelines.
• Legal Accountability: Boards and planning authorities are now held to a higher standard of evidence and justification, reducing the likelihood of arbitrary approvals.
• Guideline Adherence: There is an imperative for clear and explicit reference to relevant planning guidelines in administrative reports and decisions.

Developers and planning authorities must now ensure more rigorous compliance with overshadowing assessment protocols, potentially leading to more balanced and community-sensitive developments.

Complex Concepts Simplified

Overshadowing

Definition: Overshadowing refers to the reduction of sunlight reaching a neighboring property due to a new development obstructing the sun's path.

Importance: Adequate sunlight is vital for the comfort, health, and energy efficiency of residences. Overshadowing can significantly impact the quality of life for existing residents.

Daylight and Sunlight Assessment

Purpose: To evaluate how new construction might block or reduce natural light in surrounding properties.

Guidelines: Standards like BS 8206-2: 2008 and BRE 2011 provide methodologies for conducting these assessments accurately, ensuring that analyses account for different times of the year.

Certiorari

Definition: A judicial remedy where a superior court reviews the legality of a decision made by a lower authority.

Application: In this case, certiorari was granted to nullify the part of the board's decision related to overshadowing, necessitating a re-evaluation following proper guidelines.

Conclusion

The High Court's decision in Higgins & Ors v. An Bord Pleanala & Ors underscores the judiciary's commitment to upholding stringent standards in planning decision-making processes. By invalidating the board's insufficient overshadowing assessment, the court reinforces the necessity for comprehensive, guideline-adherent evaluations in development approvals. This judgment not only safeguards resident interests but also promotes responsible and sustainable urban development, setting a robust precedent for future cases in Irish planning law.