Woman with disability loses court action over 'one-off' home in Wicklow

ireland
Woman With Disability Loses Court Action Over 'One-Off' Home In Wicklow
Mr Justice Richard Humphreys saod the issue of whether the woman’s need was sufficiently pressing to outweigh the policy against one-off rural housing was a matter of planning judgment.
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Ann O'Loughlin

A woman with a mental health condition has lost her High Court challenge over being refused planning permission to build a house on a site owned by a sibling in a rural area of Co Wicklow.

The woman wanted to build a house close to her sibling’s home and said she would comply with any condition that her proposed dwelling would only be sold as part of the overall landholding.

Wicklow County Council refused permission in 2018 on grounds the proposed development was contrary to the county development plan, including restrictions on one-off rural housing, and would constitute a second dwelling on the site.

After that refusal was upheld by An Bord Pleanála, the woman, aged in her thirties, who by court order cannot be identified, challenged the board’s decision in judicial review proceedings. She was deemed to have sufficient capacity to instruct lawyers directly.

National guidelines

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In a judgment published this week, Mr Justice Richard Humphreys gave his reasons for rejecting her challenge.

National guidelines provide new one-off rural housing is to be considered only in particular circumstances, reflecting the planning policy view such “one-off” housing is not sustainable in the environmental sense, subject to clearly defined social or economic need, he said.

“Planning obligations, like legal obligations, should be applied in an objective fashion and not set aside at the mere discretion of statutory decisions makers, still less that of the High Court on judicial review, just because a sympathetic applicant comes forward.”

While fully acknowledging the difficulties experienced by the woman, she could only be facilitated in meeting her housing needs in a way that the law in general, and environmental and planning considerations in particular, will permit, he said.

UN Convention

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Her lawyers had submitted the board’s decision should have been informed by the UN Convention on the Rights of Persons with Disabilities but that claim falls outside the pleaded claim, he said.

In any event, the Convention is not part of Irish law so the decision is not invalid for failure to consider it, he added.

The fact that the board, having considered the 16 specific situations for one-off housing set out in the development plan, had not made an exception for the woman did not make its decision unlawful.

The issue of whether the woman’s need was sufficiently pressing to outweigh the policy against one-off rural housing was a matter of planning judgment, he further held.

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