Michelle Martin

The case, which sought to overturn the planning permission and challenge the validity of the 2024 Climate Action Plan (CAP24), was dismissed in full by Mr Justice Richard Humphreys in the High Court on Wednesday.

This case forms part of a trend of climate-related judicial review challenges alleging a breach of section 15 of the Climate Action and Low Carbon Development Act 2015 (as amended) (2015 Act) which requires public bodies, including An Coimisiún Pleanála, to perform its functions, “insofar as practicable” in a manner consistent with the most recently approved CAP and other specified climate policy documents.

The court ultimately accepted that the Commission’s decision implicitly complied with the 2015 Act, even though CAP24 was not explicitly referenced, emphasising that decision-makers can carry knowledge of relevant policy without needing to cite it explicitly.

The case is part of the evolving intersection of planning law and climate policy in Ireland.

The William Fry team advising on the case was led by litigation and investigations partner Michelle Martin and associate Kate Abell, supported by a cross-departmental team including Liam McCabe and Conor Treacy.

Commenting on the outcome, Ms Martin said: “We are delighted to have supported Tesco Ireland Limited on this noteworthy case.

“This judgment provides some welcome clarifications on the obligations of the Commission in documenting its considerations of climate policy in the planning process.”