Council risks DIT legal challenge over restrictive zoning

Posted in Governance and administration, Legal issues on October 24th, 2016 by steve

Ireland“Dublin City Council could face legal action over a decision to rezone a site in Rathmines owned by the Dublin Institute of Technology (DIT), which will restrict its future development for houses and shops. Councillors have changed the zoning of the DIT’s school of music in the centre of Rathmines from Z4 zoning, which allows a wide range of uses including residential, retail, hotel and educational, to Z15 which preserves the site largely for educational/ institutional use …” (more)

[Olivia Kelly, Irish Times, 24 October]

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‘Beyond your powers’

Posted in Governance and administration, Legal issues on March 11th, 2015 by steve

Ireland“A bid to protect two of Galway City’s key economic drivers, NUI Galway and Galway Racecourse, could undermine all future infrastructural projects in the city …” (more)

[Lorraine O’Hanlon, Galway Independent, 11 March]

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On ignoring access considered essential for integration of the DIT with the local community

Posted in Governance and administration, Legal issues on November 30th, 2014 by steve

Ireland“Dear Editor, I want to draw your attention to a blatant breach of a decision made by An Bord Pleanála regarding the new Dublin Institute of Technology Campus at Grangegorman …” (more)

[Pirooz Daneshmandi, Village, 30 November]

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Cork Institute of Technology v. An Bord Pleanála & Anor [2013] IEHC 3, 15 January 2013

Posted in Legal issues on January 28th, 2013 by steve

Ireland“… I find myself driven to the conclusion that the better view of Article 157(1) is that it was intended to dispense with the necessity for planning fees where the application for planning permission had been made for eleemosynary or charitable purposes by a body which was not directly part of the State apparatus. While it is true that the Institute’s work is substantially subvented from public funds and its activities are regulated by statute, the fact remains that the core of its work is charitable and eleemosynary in the classic sense of that term which the law has always recognised. Thus, the provision of education – not least in the field of science, technology and innovation – is of the first public importance. The work of the Institute opens this world to a new generation of young people and it would scarcely be an exaggeration to say that the future of the country is contingent on the education of that new generation. Accordingly, it is in that purposive sense – as mandated by s. 5(2)(a) of the 2005 Act – that it can be said that the Institute is a voluntary organisation within the meaning of Article 157(1) …”

Hogan J, Cork Institute of Technology -v- An Bord Pleanála & Anor 2013 [IEHC] 3, 15 January 2013

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John Denham to tighten house rules in student enclaves

Posted in Legal issues on September 12th, 2009 by steve

UK“Ministers are to act against student enclaves by pushing through new laws making it harder for neighbourhoods in university towns to be colonised by large student populations. Such enclaves often lead to resentment between students and local people, with whole boroughs left underpopulated in the summer months while renting students go on holiday. Some residents also argue that students upset the character of an area by ignoring the community in which they live …” (more)

[Patrick Wintour, Guardian, 11 September]

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