The appeal of Crofton Buildings Management CLG & Anor v An
Bord Pleanála and Fitzwilliam DL Limited, High
Court [2022] IEHC 704 to the Irish Supreme Court is
of public importance because it will mark a precedent as to whether
Strategic Housing Development (SHD) permissions
can be calibrated with new development plans and the new
Large-scale Residential Development
(LRD) planning regime which specifically
prohibit Build-to-Rent (BTR) residential
units.
The decision will have implications for various other SHD
permissions currently pending before the Irish High Court which
have been challenged by way of judicial review.
Background to the case
The Applicants in this case brought judicial review proceedings
in the High Court challenging a decision of An Bord Pleanála
('the Board') dated 21 April 2021 which granted permission
for a Strategic Housing Development ('SHD') which involved
the construction of 102 build-to-rent apartments up to 13 storeys
high, on the
