The High Court has quashed planning permission for 30 houses and a guesthouse in the Ráth Chairn Gaeltacht in Co Meath.

Ms Justice Bronagh O’Hanlon quashed the decision on grounds that she was not satisfied that the proposed development complied with requirements to show that it would enhance the use of the Irish language in the area.

The action was brought against An Bord Pleanála’s June 2020 permission for the planned development, on a site between the local primary school and community centre.

Challenge

The challenge was brought by Comharchumann Ráth Chairn, a local development co-operative charged with implementing a language plan to increase the amount of Irish in the area, had challenged the decision.

Seamás Ó Tuathail SC, with Dáithí MacCárthaigh, instructed by Colm McGeehin of Prospect Law solicitors, for the co-operative, claimed the board had erred in not holding that a language impact statement (LIS) submitted on behalf of the developer, Colm Griffin, from Ráth Chairn, was inadequate.

The author of the LIS had no qualifications in language planning or social linguistics and the LIS is inadequate for reasons including it underestimated the numbers who speak Irish in the locality, it was claimed.

A planning condition that 70 per cent of the 30 houses be provided for Irish speakers “unless otherwise agreed by the developer and the Council” amounted to an unauthorised delegation of the Board’s powers, it was also claimed.

It was further alleged that the rights of the applicant as a linguistic minority have been violated, particularly the right not to be assimilated.

The board denied the claims and had opposed the group’s action.

Decision

In her judgement, Ms Justice O’Hanlon said that she was satisfied to make an order quashing the decision.

The judge said she was not satisfied that an analysis carried out by a planning consultant on behalf of the developer was sufficient to clearly show that the proposed development would enhance the use of the Irish language in the Co Meath Gaeltacht.

Proposed developments in Gaeltacht areas are required under national and local planning requirements to show that they must increase the use of the Irish language, the court added.

However, in this case, the court was not satisfied that it had been proven that the proposed development would comply with such requirements contained in the County Meath Development plan in regards to the Ráth Chairn area.

The judge also awarded the applicants their legal costs of the action.