In a recent development, a High Court challenge has been initiated against An Bord Pleanála’s decision to grant planning permission for a new Aldi supermarket in Limerick. Watchhouse Cross Shopping Centre Limited and Sataner Limited have jointly contested the board’s approval of Aldi Stores (Ireland) Limited’s proposal to establish a one-storey discount store along with associated infrastructure at New Road, Moyross, Co Limerick. Although Limerick City and Council had previously granted permission for the store, the applicants raised concerns regarding various aspects of the decision-making process.
The applicants, comprising Watchhouse Cross Shopping Centre Limited, responsible for managing the common areas at the shopping centre in Moyross, and Sataner Limited, an owner of a unit within the same shopping centre, have challenged the validity of the decision on multiple grounds. They argue that the proposed development contradicts elements of the Limerick City and County Retail Strategy and fails to consider the Department of Environment’s 2012 Retail Guidelines for Planning Authorities. Moreover, they criticise the board for allegedly not providing adequate reasons for its decision, overlooking relevant factors, and exceeding its jurisdiction in granting permission for the store.
Furthermore, the lack of screening for an Environmental Impact Assessment (EIA) in relation to the proposed development is highlighted as a crucial flaw that, according to the applicants, renders the permission invalid. They also assert that the board’s failure to justify why an EIA was not deemed necessary in this case adds to the questionable nature of the decision-making process.
Legal representation in the form of John Kenny Bl, under the instruction of Eoin Brady from FP Logue Solicitors, has been secured by the applicants. They have initiated judicial review proceedings seeking various orders and declarations, including an order to quash the decision. Notably, the action is directed against Ireland, the Attorney General, and An Bord Pleanála, with Aldi being notified as a party to the proceedings.
During a recent vacation sitting of the High Court, the case was briefly introduced before Ms. Justice Carmel Stewart. The judge, on an ex-parte basis, formally acknowledged the commencement of the action and postponed the application for permission to challenge the decision to a later date in May.
