Victory in Basement Court Case 27 May 2020

We are delighted to see the outcome of a case in the High Court in which we provided a grounding Affidavit. Dublin City Council sought to introduce a significant change into their Development Plan by way merely of a note in their website that a new system relating to basements would come into force on 1st February 2020.

We claimed that such a change could not be made without going through the normal public consultation associated with Development Plans. Our claim was lodged in Court in March 2020 and the Court agreed to admit the case on that date.

Dublin City Council were to respond to our action this week and went to Court yesterday to concede they erred in law in not providing for public consultation. They withdrew the new basement process. The judge awarded our side our costs.

It shows that all parties within the planning code, Councils included, have to comply with the existing rules, practices and regulations.