First-ever judicial review lodged over development’s impact on energy efficiency

First-ever judicial review lodged over development's impact on energy efficiency

A judicial review lodged over the impact of a proposed development on the energy efficiency of a neighbouring building could have “far-reaching consequences”, planning lawyers have said.

The case concerns the extension of a residential building in Sandymount, Dublin 4, which a neighbour claims will impact her right to light and her Building Energy Rating (BER), the Business Post reports.

The neighbouring resident, represented by solicitor Rory Dillon and William McLoughlin BL, is arguing that planning authorities should have considered the impact on her building’s sustainability, energy efficiency and BER before granting permission, particularly in light of the Dublin City Development Plan 2016-2022.

Commenting on the case, Fionola McCarthy, planning partner at Ronan Daly Jermyn, told the Business Post: “I think this is a really interesting case. It could potentially have far-reaching consequences for commercial and residential planning applications.

“There is a growing situation in relation to climate change and sustainability and it is gaining in importance from a planning perspective.”

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