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Foran v An Coimisiun Pleanala and Ors (Approved)
Judicial Review Summary — High Court (Planning & Environment)
Factual and Procedural Background
The Applicant sought to quash a decision of the Respondent Commission granting planning permission for a large-scale residential development ("the Proposed Development") comprising apartments, commercial and community facilities and associated road works at a site ("the Site") on the edge of The City. Company A (the developer) applied to Company D (the local planning authority) for permission. The Applicant made observations to Company D and to the Commission. Company B (a national roads body) and Company C (a national transport authority) made submissions. Company D refused permission, citing national roads guidelines (Reason 1). Company A appealed to the Commission. The Commission's inspector recommended granting permission; the Commission adopted the recommendation and on the stated materials granted permission (the "Impugned Decision"). The Applicant, unrepresented, sought judicial review to quash the Impugned Decision. Two preliminary grounds (challenging certain guidance documents) were abandoned; two grounds remained: (1) alleged failure to have regard to the Spatial Planning and National Roads Guidelines and/or to give reasons for not following them; (2) alleged inconsistency with the Climate Acts and Climate Action Plans and/or failure to give reasons for not addressing them. Judge Holland delivered judgment dismissing the proceedings and refusing certiorari.
Legal Issues Presented
- Whether the Commission failed to have regard to, or to give adequate reasons concerning, the Spatial Planning and National Roads Guidelines in relation to the Proposed Development (Ground 1).
- Whether the Commission acted inconsistently with s.15 of the Climate Acts (as amended) and the Climate Action Plans, or failed to give reasons for any inconsistency, in approving the Proposed Development (Ground 2).
Arguments of the Parties
Applicant's Arguments
- The Commission failed to have regard to §3.7 of the Spatial Planning and National Roads Guidelines regarding "potential negative impacts arising from existing or planned national roads", in particular the interaction of the Proposed Development with the planned national road Project X and associated traffic forecasts.
- The Commission failed to assess cumulative effects on local traffic (including cyclists) arising from the Proposed Development combined with traffic generated by Project X.
- The Impugned Decision is inconsistent with the Climate Acts and Climate Action Plans because the approved road/cycle designs deprioritise active travel and public transport and reduce effective road space for cyclists; the Commission failed to act, so far as practicable, consistently with the Climate Acts.
- The cycle infrastructure design (two-way tracks on one side, shared pedestrian/cycle strips at junctions, toucan crossing) is inadequate in practice and will cause cyclists to avoid segregated facilities, creating unsafe shared carriageway use.
Commission's (Respondent) Arguments
- The Commission did have regard to the relevant guidelines, the inspector's report and the submissions before it; the inspector had addressed the Guideline issue and the Commission adopted the inspector's reasoned conclusions.
- The Commission's recital of matters to which it had regard included the Climate Action Plan; the EIAR, inspector's report and the TTA addressed traffic, active travel and climate considerations.
- Grounds framed as merits-based objections to design choices are not proper bases for certiorari absent illegality (irrationality) and were insufficiently particularised or evidenced.
Company A (Developer) / Expert Evidence
- Company A and its expert deponents explained the design constraints, engagement with the Project X team and Company C, and changes made at the further information stage to align with Project X where practicable while providing active travel and public transport infrastructure.
- Expert Gorman (design engineer for Company A) gave admissible expert evidence that the cycle facilities comply with the applicable design guidance (DMURS, Cycle Design Manual), meet required widths, provide for desire lines and that the proposals do not materially conflict with Project X.
- Company A and its expert contended the Applicant's criticisms were inexpert assertions and, where they raised expert matters, inadmissible for lack of independent expert evidence and cross-examination.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Reilly v An Coimisiún Pleanála & Lark Finance [2025] IEHC 659 | Foundational judicial review principles; relevancy principle; burden of proof on applicant. | Used to summarise core judicial review principles guiding analysis (legality not merits; regard/irrelevant materials). |
| Grassridge Limited v Dún Laoghaire Rathdown County Council [2024] IEHC 669 | Merits challenges reviewable only for irrationality. | Reinforced that evaluative planning judgments are for decision-maker absent irrationality. |
| The State (Keegan) v Stardust Compensation Tribunal [1986] I.R. 642 | Definition of irrationality as being "fundamentally at variance with reason and common sense". | Adopted high threshold for irrationality; applicant had not pleaded irrationality. |
| Littondale Ltd v Wicklow County Council [1996] 2 ILRM 519 | Examples on irrationality threshold ("something overwhelming" required). | Supported the court's approach to threshold for merits-based challenge. |
| The Board of Management of St. Audoen's National School v An Bord Pleanála [2021] IEHC 453 | Duty to give reasons; engagement with submissions on main issues. | Informed analysis of adequacy of reasons and requirement to address main issues. |
| Holohan v An Bord Pleanála [2017] IEHC 268 | Courts cannot quash for irrationality merely because they think decision is wrong. | Supported refusal to convert Applicant's merits disagreement into illegality. |
| Cork County Council v Minister for Housing (No. 1) [2021] IEHC 683 | Meaning of "have regard to" for s.28 guidelines; not a duty to comply. | Used to explain that regard does not equate to mandatory compliance and to reject argument that have-regard duty imposes compliance obligation. |
| Balz v An Bord Pleanála [2019] IESC 90 | Importance of adequate reasons to maintain public confidence and to show decision-maker directed its mind. | Guided assessment of whether reasons were adequate and identifiable in the material before the Commission. |
| Rana & Ali v Minister for Justice [2024] IESC 46 | Presumption that a decision-maker's statement that it considered materials is sufficient absent evidence to the contrary. | Applied to conclude Applicant failed to rebut presumption that Commission had regard to relevant guidelines. |
| Connelly v An Bord Pleanála [2018] IESC 31 | Reasons may be found anywhere (e.g., inspector's report); reasons must be reasonably accessible. | Supported finding that inspector's report and council file could supply adequate reasons. |
| MRRA (Monkstown Road Residents Association) v An Bord Pleanála [2022] IEHC 318 | Cumulative effects and "a thousand cuts" analysis caution. | Used to caution against hypothetical cumulative-impact arguments absent evidence. |
| Friends of the Irish Environment CLG v The Government of Ireland [2021] IECA 317 | Requirement to raise points in the administrative process where practicable. | Supported discretionary refusal where an applicant raises new points first in court that could have been raised earlier. |
| Coolglass Windfarm Limited v An Bord Pleanála [2025] IEHC 1 | Interpretation of s.15 (Climate Acts): obligation to act consistently, insofar as practicable, with climate plans. | Central to analysis of Ground 2; court applied Coolglass framework and practicability qualifier. |
| Mount Salus Residents v An Bord Pleanála [2025] IEHC 14 | Analysis of "practicable" and its contextual application. | Supported nuanced approach to s.15's practicability and margin of appreciation. |
| Massey v An Bord Pleanála (No. 2) [2025] IEHC 206 | Applicant cannot discharge evidential onus by non-expert assertions where expert evidence is required. | Applied to reject Applicant's inexpert assertions about technical road/cycle design. |
| RAS Medical Ltd v Royal College of Surgeons in Ireland [2019] IESC 4 | Resolution of conflicting expert evidence principles. | Invoked to support resolving expert conflict against the party bearing onus absent proper testing. |
| Additional cited authorities (selected): Cart v Upper Tribunal [2011] UKSC 28; Meadows v Minister for Justice [2010] IESC 3; O'Keeffe v An Bord Pleanála [1993] 1 I.R. 39; and others as referenced in the opinion. | Various principles on judicial review, reasons, irrationality and procedures. | Used throughout the judgment to frame standards of review, adequacy of reasons and evidential burdens. |
Court's Reasoning and Analysis
Judge Holland applied established judicial review principles emphasising that review assesses legality not merits and that evaluative planning judgements are reviewable on irrationality grounds only, a high threshold. He analysed the Applicant's case through several analytical strands:
- On reasons and regard: the court reviewed the statutory and caselaw requirements for adequate reasons and for a decision-maker to have regard to guidelines. The court stressed reasons must be identifiable with reasonable certainty and may be found in the inspector's report or other materials adopted by the decision-maker.
- On evidential burden and expert evidence: the court applied the principle that the onus of proof rests on the applicant and that technical issues (traffic modelling, road/cycle design) require admissible expert evidence. The Applicant lacked independent expert evidence and was disqualified from giving independent expert opinion as a party; Company A's expert evidence (Expert Gorman) was admissible and uncontradicted.
- On Ground 1 (National Roads Guidelines): the court considered the Spatial Planning and National Roads Guidelines' scope (including §3.7) and held that planned national roads fall within the Guideline's ambit (not limited to EIA-approved projects). However, the court found significant evidence in the planning file (the RRfI, engagement with the local Project Team, the inspector's report and the Commission's adoption of that report) that the Commission had regard to the Guidelines and that Applicant had not rebutted the presumption that the Commission had considered relevant materials. The court treated the challenge as effectively a merits-based disagreement about design choices and concluded there was no admissible evidence of a material failure of regard or irrationality.
- On Ground 2 (Climate Acts / CAPs): the court applied Coolglass and related authorities to analyse s.15 (consistency with climate plans "insofar as practicable"). The court accepted the stringent nature of the obligation but emphasised the practicability qualifier and that many developments will have no discernible impact on climate goals. The court concluded that the differences alleged by the Applicant (directionality and small-scale design choices over c. 300m) would not produce a discernible difference for climate goals on the evidence before the Commission, and the Applicant adduced no admissible expert evidence to the contrary. The court therefore treated Ground 2 as, in substance, a merits-based disagreement within the Commission's evaluative discretion.
- Procedural and discretionary considerations: the court noted the Applicant had not raised some central arguments to the Commission in the form now advanced and emphasised the need to raise points in the administrative process. The court observed that, even if some limited legal defects were arguable, discretionary refusal of relief would be appropriate given the absence of evidential showing of material harm.
Holding and Implications
HOLDING: The judicial review application was dismissed and the Impugned Decision was not quashed. The court refused certiorari and declined to set aside the Commission's grant of permission.
IMPLICATIONS:
- The Commission's grant of planning permission remains effective; Company A may proceed subject to the terms and conditions of the permission (including Condition 7 referencing adherence to DMURS and planning authority requirements).
- The decision does not establish a novel precedent expanding judicial intervention in planning design disputes: the court reaffirmed that evaluative planning judgments about road and cycle design are primarily for expert administrative decision-makers and are only judicially reviewable for illegality (including irrationality) which was not established here.
- The judgment confirms that challenges relying on technical matters (traffic, cyclist behaviour, design) require admissible expert evidence and that applicants who are parties cannot supply independent expert evidence of technical matters without satisfying independence requirements.
Judge Holland ordered further procedural listing for final orders and indicated provisional view that no costs order would be made.
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