A High Court challenge has been brought 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 challenged the board’s decision to grant permission to Aldi Stores (Ireland) Limited for the development of a one-storey discount store and associated works at New Road, Moyross, Co Limerick.
Permission for the store had previously been granted by Limerick City and Council.
The applicants appealed that decision to the board, which earlier this year upheld the decision to give the proposed development the go-ahead.
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The first applicant, which owns and operates the common areas at the Watchhouse Cross Shopping Centre in Moyross, and Sataner which owns one of the units in that shopping centre, both claim the decision is invalid and should be set aside on several grounds.
These include that the decision is flawed because the proposed development contravenes elements of the Limerick City and County Retail Strategy for the area, and does not have regard for the Department of Environment’s 2012 Retail Guidelines for Planning Authorities.
It is also submitted that in reaching its decision the board failed to provide any reasonable or adequate reasons for its decision.
It is also alleged that the board failed to take into account relevant factors and lacked the jurisdiction to grant permission for the proposed store.
The board’s failure to carry out screening for an Environmental Impact Assessment (EIA) in respect of the proposed development also rendered the decision to grant permission invalid, it is claimed.
The board, it is further alleged, failed to give adequate reasons why an EIA was not required in this case.
Represented by John Kenny, the applicants have brought judicial review proceedings seeking various orders and declarations including an order quashing the decision.
Their action is against Ireland and the Attorney General as well as the board.
Aldi is a notice party to the proceedings.
The action was mentioned briefly before Ms Justice Carmel Stewart during Monday’s vacation sitting of the High Court.
The judge, on an ex parte basis, formally deemed the action opened before the court and adjourned the application for permission to bring the challenge to a date in May.
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