High Court: School loses case against McDonald’s planning permission

About this case:

• Judgment:
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Dismissing the Board of management’s application, Mr Justice Max Barrett found that An Board Pleanála did have regard to the relevant government policies, and had not erred in arriving at its decision.

Planning Permission

The Court heard that Temple Carrig Secondary School sits on a shared campus that, when fully operational, has over 1,800 children attending on-site. Furthermore, the Board of Management of Temple Carrig Secondary School has a statutory responsibility for the education and well-being of its students – to include using its available resources to “…promote the moral, spiritual, social and personal development of students and provide health education for them…” (per s.9 of the Education Act of 1998)

In November 2014, McDonald’s Restaurants of Ireland Limited sought planning permission for a two-storey ‘drive-thru’ restaurant that would sit:

(a) 30 metres from the main gate to Temple Carrig;

(b) 48 metres from the principal school pitch;

(c) 89 metres from the front door of the school, and;

(d) on the main route leading to and from the school.

The board of management argued that having a fast-food restaurant sitting on its doorstep would be conducive to healthy eating by impressionable children going to and from the school.

Over the objections of the board of management, in September 2015, planning permission was ultimately granted by An Bord Pleanála, on appeal, for the proposed restaurant.

Justice Barrett noted that McDonald’s had “for now at least, lost interest in proceeding with the restaurant”, and that it was more likely that a supermarket would be erected on the site.

Nevertheless, the planning permission that McDonald’s obtained continued to inure for the benefit of the land to which it attaches – thus “the pendulum of commerce may yet swing again and that a fast-food restaurant, unwanted by , may yet be erected close by”.

Consequently, the board of management proceeded with the application challenging the decision of An Bord Pleanála.

High Court

An order of certiorari and various declaratory reliefs were sought on the basis that An Bord Pleanála failed:

The board of management maintained that there were certain government policy documents concerning healthy eating and living by children to which the planning inspector and, through its broad endorsement of his report, An Bord Pleanála, did not have regard.

Anti-obesity policies

Justice Barrett found that:

Justice Barrett added that the planning inspector’s report specifically referred to the Local Area Plans, Guidelines for Planning Authorities (Department of Environment, Community and Local Government, June,2013) which refers to local area plans promoting healthier lifestyles, inter alia by ensuring that “exposure to children to the promotion of foods that are high in fat, salt or sugar is reduced …the careful consideration of the appropriateness and location of fast food outlets in the vicinity of schools and parks”.

Conclusion

While it might not be good idea to place an alluring fast-food restaurant close by a school entrance – this was not the issue in the within application.

All that was in issue was whether An Bord Pleanála erred in arriving at the impugned decision – and the Court was satisfied that An Bord Pleanála did not err in any of the ways contended for.

Declining to grant any of the reliefs sought, Justice Barrett said that the board of management might be able to take comfort in the fact that McDonald’s Restaurants appear to have decided not to open one of their outlets in close proximity to Temple Carrig School.