Waterford Council faces High Court challenge

Waterford City and County Council have approved their defence of a judicial review, after a High Court challenge over their 2022-2028 Development Plan.

Ruden Homes and John Dean are the named applicants seeking a judicial review, order of certiorari, from the High Court in regards to land in Monang, Dungarvan.

The issue arises with their planning appeal to construct six detached two-storey houses and one detached two/one-storey house, access roads and ancillary site works.

According to the applicant's Statement of Grounds: "Unlawful and inappropriate procedures were followed in respect of the purported adoption of the Waterford City and County Development Plan 2022 - 2028 which seriously impacted on the planning and development of the lands and as a consequence of which the first named Applicants made certain submissions and representations."

In their Statement of Opposition, Waterford Council responded: "Applicants seek to challenge the decision of Waterford City and County Council (the Council), dated 7 June 2022, to adopt the Waterford City and County Development Plan 2022 - 2028, in relation to the zoning of lands for residential use in the southern environs of Waterford."

Director of Services for Housing at Waterfrod City and County Council Ivan Grimes informed councillors at a special meeting of the Plenary Council about the situation on Tuesday, July 9. 

He said: "The documents would show that the case being made by the two parties seeking the judicial review and our legal response to them."

Mr Grimes stated that the case was scheduled to take place during the week, but a recent High Court ruling regarding a separate case has caused a change of circumstances. 

The High Court ruling involved a similar issue in the case of Oceanscape Unlimited Company v Dún Laoghaire County Council. 

Mr Grimes said: "However, in the last week and a half there was a ruling in the High Court in respect of a completely separate case that indicated that if a chief executive, or a person acting under his or her direction, were to defend a case brought against planning authority in respect of the reserve function, the express authority of the elected members is required."

"The adoption of the resolution is considered prudent and in respect of the recent high court decision. 

"The development plan is a reserved function so it is in essence covered by the recent high court judgment."

Mr Grimes ended: "We have been advised by our legal team to oppose the proceedings."

Councillors unanimously voted to defend the judicial review proceedings.