Michelle Hayes

Michelle Hayes of Limerick firm Hayes Solicitors represented local residents in a legal challenge to the proposed development on the basis of its impact on the local environment as well as children in the area.

Mr Justice Richard Humphreys made an order quashing the decision after the High Court was informed that An Bord Pleanála had conceded the case.

The developer, Michael Murphy Homes Ltd, originally applied to Limerick City and County Council for planning permission and was refused.

The refusal of planning permission was appealed to An Bord Pleanála. While an inspector recommended refusal of planning permission, this recommendation was overruled by the Board, which granted permission.

The judicial review was taken by residents of Hillcroft Close, St Patrick’s Road, Limerick, who claimed they would be badly impacted by the development as their cul de sac and green area used by children playing would have been used for construction traffic as a through road to the proposed backland development site.

The High Court heard arguments that the development would have involved several breaches of the Limerick City and County Council Development Plan, incompatibility with the provisions of the EU Environmental Impact Assessment Directive, failure to comply with the provisions of the Habitats Directive, and would have a very severe adverse effect on residential amenity, including traffic safety hazards for children, loss of open green space, habitats and protected species.