The residents persuaded Mr Justice Humphreys that the permission materially contravened the local development plan in relation to the scheme’s density and the level of hedgerow removal required for the build.
Mr Justice Humphreys said An Bord Pleanála failed to give lawful consideration to the materiality of the density contravention. “Mature or indeed ancient hedgerows are just not equivalently replaceable by freshly created ones,” he said. Mr Justice Humphreys noted there were “numerous defects” in the residents’ legal pleadings, “shortcomings” in their procedural approach, and “potentially winning points” they did not include in their case.
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