In the summer of 2021, Clane residents launched a campaign to judicially review a combination of planning decisions by An Bord Pleanála: one for 333 units on Celbridge Road and another for 192 units between Prosperous and Millicent Roads. The question was whether decisions by An Bord Pleanála to permit 525 units, exceeding the planned 145 units for the period, was lawful.

Clane’s healthcare services, schools, and transport were under significant pressure, and 442 units were already fully permitted and awaiting construction. The campaign sought the High Court’s opinion on whether the additional 525 permissions complied with policies for sustainable planning. The wider community responded to the campaign and generously donated €40,000 to fund the costs of preparing and running the legal proceedings.

As the legal processes unfolded, additional applications for planning permissions were submitted, granted, refused, and appealed. Some still await final decisions by An Bord Pleanála. Four judicial reviews were necessary. Each met the substantive legal requirements to proceed to the High Court.

An Bord Pleanála eventually conceded that three decisions should no longer stand. Following their defence of the fourth case in a hearing, the High Court ruled that An Bord Pleanála’s decision was unlawful on all the grounds argued. The High Court judgment is published here, and the Office of the Planning Regulator has summarised the legal learnings here.

The judicial reviews challenged decisions by An Bord Pleanála, which, when added to other planning permissions already granted, would have led to 960 more units in Clane by 2028 in a policy context where limited state investment funds for infrastructure, facilities, and services were prioritised for other towns. As a result of the complex but ultimately successful judicial reviews and updated planning policies, Clane’s phased growth is now potentially 469 units by 2028. There are 309 units under construction, with 160 remaining available for allocation.

The Sustainable Clane Judicial Review campaign sought confirmation of the planning laws governing the application of sustainable policies for Clane’s development. The campaign was a victory for more sensible and measured planning and an endorsement of the Kildare County Council five-year Plan. Clane Community Council and all involved would like to wholeheartedly thank all those who supported the campaign.