Voyage Property Ltd v Limerick City and County Council and Ors

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr Justice David Holland
• Judgment Date: 16 December 2025
• Neutral Citation: [2025] IEHC 696
• Docket Number: 2022/1132 JR

In the Matter of Section 50 of the Planning and Development Act 2000 (As Amended)

Between

Voyage Property Ltd

Applicant

and

Limerick City and County Council, The Minister for Housing, Local Government and Heritage, The Minister of State at the Department of Housing, Local Government and Heritage,

and

The Office of the Planning Regulator

Respondents

[2025] IEHC 696

2022/1132 JR

THE HIGH COURT

PLANNING & ENVIRONMENT

JUDICIAL REVIEW

Judicial review – Ministerial direction – Development plan – Applicants seeking certiorari quashing a Ministerial direction – Whether the Ministerial direction was unlawful and void

Facts: The applicant, Voyage Property Ltd (Voyage), applied to the High Court seeking: (1) certiorari quashing, as they affect the subject lands - a Ministerial Direction of 4 November 2022, all amendments to the Limerick Development Plan 2022-2028 effected by the Ministerial Direction, any steps taken by the first respondent, Limerick City and County Council (LCCC), on foot of the Ministerial Direction, and the Development Plan, to the extent required to ensure that the zoning of the subject lands is in accordance with law and/or is reinstated as per the Development Plan as adopted on 17 June 2022 (i.e. before its amendment by the Direction and with Residential zoning in accordance with Material Alteration 147 (MA 147) of the Draft Limerick Development Plan 2022-2028; (2) a declaration that the Development Plan as adopted by the elected members of LCCC on 17 June 2022 (before its amendment by the Direction) shall have full force and effect as to the zoning of the subject lands (i.e. with Residential zoning in accordance with MA 147); (3) an order pursuant to s. 50A(9) of the Planning and Development Act 2000, declaring invalid or quashing the part or parts of the Development Plan, as amended by the Direction, which the court finds invalid; (4) a declaration that LCCC failed to adequately provide effective public participation in the decision-making process, contrary to the 2000 Act, as it failed to fully and fairly summarise the rationale for the members’ decision of 17 June 2022 to approve MA 147 as to the subject lands - as a result of which subsequent decision and/or actions taken by the fourth respondent, the Office of the Planning Regulator (the OPR), and the Ministerial Direction are unlawful and void.

Held by Holland J that that Voyage never demonstrated on a solid evidence base that the avoidance principle of the sequential approach or Criterion §2(v) of the Development Plan Justification Test (DPJT) had been satisfied as to the subject lands - it never demonstrated that insufficient lands had been residentially zoned elsewhere to meet the housing targets set by the core strategy of the Development Plan. Holland J held that, on that view, Residential zoning is inevitably contraindicated, by reference to the legal necessity that a development plan be consistent with National Policy Objective 57 of the National Planning Framework, as the requirements of the sequential approach and DPJT were not demonstrated by Voyage, on a solid evidence base, to have been met. Holland J held that no such demonstration was made - whether to the LCCC Executive, the LCCC members, the OPR or the second respondent, the Minister for Housing, Local Government and Heritage. Holland J held that, sounding in discretion as to remedy (counsel for Voyage accepted that the issue sounded against Voyage), that on its central point (which, in any event, Holland J did not accept in substance) that the members had done, and the MA 147 lands had passed, a DPJT for Residential zoning, and as to its complaint that this alleged fact had not been conveyed to the Minister as a reason for the members’ decision to zone the subject lands for Residential use, Voyage had failed to avail of its statutory opportunity, in an iterative process designed to progressively improve the quality of decision-making, to make that point in its submission of 19 August 2022 to LCCC for conveyance, by its CE report, to the Minister. Holland J held that Voyage’s attack on the Enterprise and Employment zoning of the subject lands was on the form and effect rather than on the substantive purpose or end of the Ministerial Direction - which was to remove the Residential zoning of the subject lands.

Holland J dismissed the proceedings.

Proceedings dismissed.

JUDGMENT OF Mr Justice David Holland DELIVERED 16 DECEMBER 2025

CONTENTS

Contents	1
INTRODUCTION	7
Figure 1 Extract from Material Alterations Map	11
RELIEFS SOUGHT & GROUNDS NOT PURSUED	13
MINISTERIAL DIRECTION	14
CORE OF CASE & PURPOSE OF IMPUGNED DIRECTION	16
JUSTICIABILITY OF OPR RECOMMENDATIONS	18
CONSISTENCY OF DEVELOPMENT PLAN WITH NPF — Ss 10 & 12(18) PDA 2000 & KILLEGLAND	19
REGARD TO, NOT COMPLIANCE WITH, GUIDELINES – S.28 PDA 2000 & JONES	21
NPO 57 (FLOOD RISK) & FLOOD RISK GUIDELINES	24
Flood Risk Guidelines – Legal Status as to Development Plans Content in Light of NPO 57	24
Flood Risk Guidelines – Content	26
Figure 2: Sequential Approach in Flood Risk Management — Flood Risk Guidelines	31
Pre-Sequential Approach – Step 1 – Identification of Specific Zoning/Development Proposal	31
Pre-Sequential Approach – Step 2 — Parts 1 to 4	31
Table: Flood Zone/Development Vulnerability Matrix	33
Sequential Approach — Steps 1 & 2 – Avoidance & Substitution	33
Sequential Approach — Step 3 — Justification	36
Development Plan Justification Test — Flood Risk Guidelines Box 4.1	36
DMJT — Box 5.1	38
DPJT Applied Independently of Development Type Envisaged?	38
SUFFICIENT LANDS ZONED RESIDENTIAL ELSEWHERE — ABANDONMENT OF GROUND 13	40
RPS WORK FOR VOYAGE	40
CHRONOLOGY	41
Figure 3 – Greenpark Land Use Zoning, 2010 Development Plan	42
Figure 4 – Greenpark Flood Zoning	43
Voyage (RPS) Greenpark Masterplan FRA – 18 December 2020	45
LCCC (JBA) Draft Plan SFRA – 26 June 2021	47
Draft 2022 Development Plan adopted & published for Public Consultation – June 2021	50
Voyage (TPA) Submission on Draft Plan (Including purported DPJT) — Sept. 2021 & Comment Thereon	53
Concluding Note on TPA Submission on Draft Plan	61
Chronology resumed – from 6 September 2021	62
Voyage (RPS) SSFRA for SHD – 22 September 2021	62
CE Report to Members on Draft Plan Consultation & Updated JBA SFRA — November 2021	64
Motion for Material Alteration of Draft Plan — February 2022	67
CE Summary of Members' Proposals to Amend Draft Plan	68
Adoption of MA 147 – 18 February 2022	69
Observations on Proposal and Adoption of MA 147 & Process Thereafter	69
Material Alterations Documents for Public Consultation — 12 March 2022	71
Material Alterations SFRA (including Appendix D) – JBA/LCCC – 12 March 2022	71
Notes on JBA Material Alterations SFRA — 12 March 2022	73
Chronology resumed – from 14 March 2022	76
Voyage (TPA) Submission on MA 147 – April 2022	77
OPR Submission to LCCC on Material Alterations (incl. Recommendation #4) – 11 April 2022	78
CE Report to Members on Public Consultation on Material Alterations – May 2022	79
Motion to Adopt MA 147 – 8 June 2022	81
Notes on Motion to Adopt MA 147 – June 2022	82
Figure 3 Extract from Figure 3.5, RPS SSFRA for SHD proposal	84
LCCC Make Development Plan — 17 June 2022	84
Figure 4 — Extract LCCC Development Plan 2022, Zoning Map 3: Limerick City & Suburbs	85
Development Plan SFRA (JBA) – 17 June 2022	85
CE Notice to OPR of Members' Decision & Reasons — 23 June 2022 — s.31AM(6) PDA 2001	87
LCCC Reasons for Zoning Greenpark Lands Residential & their Communication to OPR & Minister	94
Chronology resumed – from OPR's s. S.31AM(8) Notice — 15 July 2022	100
OPR Notice Recommending Draft Ministerial Direction — 15 July 2022 – S.31AM(8) PDA 2000	100
Draft Direction	103
Finding as to Adequacy of OPR's Account to Minister of Members' Reasons for Adopting MA 147	105
Minister's Notice of Intention to Issue a Direction – 2 July 2022	106
Voyage (TPA) Submission to LCCC opposing Draft Ministerial Direction – 19 August 2022	107
Notes on TPA/Voyage Submission opposing Draft Ministerial Direction – 19 August 2022	109
Chronology Resumed – From 7 September 2022	111
CE Report to Members, OPR & Minister — 7 Sept. 2022 — on submissions on Draft Ministerial Direction.	111
OPR Notice to Minister Recommending Direction — s.31AN(4) PDA 2000 — 28 September 2022	112
Notes – Importance of S.31AN(4) Notice	113
OPW Submission on Draft Direction — 18 October 2022	114
Impugned Ministerial Direction to LCCC — 4 November 2022 — s.31 PDA 2000	115
RPS Expert Litigation Report – December 2022	115
RESIDENTIAL DPJT — CONFUSION AS TO WHAT RPS DID	117
CE DRAFT PLAN REPORT, 26 NOVEMBER 2021 – ALTERNATIVE RESIDENTIAL LANDS ZONED	119
ENTERPRISE & EMPLOYMENT — ARE GREENPARK LANDS IN DRSEL?	119
RSES/LSMASP	120
LCCC's Position	122
Conclusion — Greenpark Lands not in DRSEL	124
Greenpark Lands not in DRSEL — Does it Matter?	124
ORDER IN WHICH GROUNDS ADDRESSED	125
Independent Grounds	125
GROUNDS 8 & 15	126
OPR MISINTERPRETED FLOOD RISK GUIDELINES & ERRED IN CONCLUDING THAT SUBJECT LANDS FAILED A DPJT FOR RESIDENTIAL DEVELOPMENT	126
LCCC FAILED TO CORRECTLY INTERPRET/APPLY FLOOD RISK GUIDELINES OR GIVE REASONS FOR DEPARTING FROM THEM	126
G8&15 — Voyage Position	127
G8&15 — OPR Position	128
General	128
Residential Zoning	129
Enterprise & Employment Zoning	131
G8&15 — State & LCCC Positions:	131
G8&15 — Discussion	132
Pleading, Technical Points, Failure to Impugn s.31AN(4) Notice & Domino Effect	132
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