Tesco Wins Legal Battle to Proceed with Dublin Development
Tesco Ireland has won a significant legal victory as the High Court dismissed a judicial review challenge to its planning permission for a new store, drive-thru café, and petrol station in Dublin. The case, brought by heritage advocacy group An Taisce, was defended successfully by law firm William Fry LLP.
The High Court ruled in favor of Tesco, upholding the planning permission granted for the development. The court accepted that the planning process implicitly complied with the Climate Action and Low Carbon Development Act 2015, despite the 2024 Climate Action Plan (CAP24) not being explicitly referenced in the decision.
The William Fry team, led by Litigation & Investigations partner Michelle Martin and associate Kate Abell, successfully argued that the planning process had adequately considered climate change impacts. The court agreed, dismissing An Taisce's challenge in full. This decision is part of a growing trend of climate-related judicial review challenges alleging breaches of the 2015 Act.
The ruling allows Tesco to proceed with its development plans in Dublin. The case serves as a reminder of the intersection of planning law and climate policy in Ireland, with developers and planning authorities required to consider climate change impacts in their decisions.
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