Arthur Cox is acting in the first judicial review proceedings entered into the High Court's new Strategic Infrastructure Development List.
We act for the developer in three sets of judicial review proceedings, which are the first to be accepted into the High Court's new Strategic Infrastructure Development (SID) list, managed by Mr Justice Barniville.
The cases arise out of the first permission to be granted by An Bord Pleanála under the Planning and Development (Housing) and Residential Tenancies Act 2016 for a Strategic Housing Development (SHD) comprising 536 units near St Pauls College, Raheny.
WHAT IS THE SID LIST?
The SID list is a new High Court list which was set up to 'fast-track' judicial reviews of permissions granted directly by An Bord Pleanála for a development consent for an SID.
Judicial review challenges to decisions of An Bord Pleanála frequently result in lengthy delays to the commencement of a development, and increased costs. The SID list was set up to provide a more expeditious route through the courts for SIDs which are, by their nature, of strategic national importance.
ARE SHDs SID?
Yes – SHDs come within the definition of SID, until 31 December 2019. This timeframe may be extended by ministerial order.
An SHD is a development of over 100 houses on land zoned for residential or mixed use or a development of student accommodation with over 200 units on appropriately zoned land. This definition is set out in the Planning and Development (Housing) and Residential Tenancies Act 2016.
As the 2016 Act brings SHDs within the definition of SID, Judge Barniville admitted the three challenges to the St Paul's College SHD to the SID List.
However, the Court also commented that, the legislation aside, it considered SHDs to come within the "spirit" of the High Court practice direction governing the SID list. This perhaps suggests that there may be some flexibility in the future for the Court to accept cases into the SID list which involve challenges to development consents which are not strictly SIDs as defined under the Planning Acts.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.