Construction Law Update: DART Underground – Scope Of Planning Order Successfully Challenged

The recent successful judicial review of a planning order relating to DART Underground, which had effectively frozen lands on the proposed route, will be welcomed by the 5,000 home and business owners whose land could be compulsorily acquired for the project, particularly where it is still uncertain whether or not the project will ever go ahead.

Flancrest Enterprises Limited – v- An Bord Pleanala and Others

We recently acted in successful judicial review of a planning order relating to DART Underground, which had effectively frozen our client's lands on the proposed route.  The order made by An Bord Pleanala ("ABP"), had allowed CIÉ a period of 7 years to notify landowners if it intended to compulsorily acquire their lands for the project.  We successfully argued that ABP had acted outside of its powers in granting this 7 year timeframe within which to serve a notice to treat.  The Court has now reduced the time allowed to serve a notice to treat under the order