Legal action has been initiated in the High Court challenging An Bord Pleanála’s approval of a planning permit for a new Aldi supermarket in Limerick. This challenge has been brought forward by both Watchhouse Cross Shopping Centre Limited and Sataner Limited, who objected to Aldi Stores (Ireland) Limited’s consent to build a single-storey discount shop and related developments on New Road, Moyross Co Limerick.
Originally, the permission was given by Limerick City and Council; however, this decision was contested by these applicants. Earlier this year, the board maintained its choice to move forward with the proposed project. Both, the first applicant who owns and manages common areas at the Watchhouse Cross Shopping Centre in Moyross and Sataner, who possesses a unit in the same shopping centre, argue that the decision is flawed on numerous counts and should be dismissed.
They argue that the planned project contradicts the Limerick City and County Retail Strategy for the region and does not consider the 2012 Retail Guidelines for Planning Authorities from the Department of Environment. They claim that the board was deficient in providing rational or sufficient explanations for its decision. Additionally, it’s asserted that the board discounted relevant factors, did not possess the authority to issue the permit for the proposed store and made an error by not conducting an Environmental Impact Assessment for the proposed development.
Instructions were given by John Kenny and Eoin Brady of FP Logue Solicitors to bring judicial review proceedings seeking various orders and declarations, including invalidating the decision. The prosecution is against Ireland, the Attorney General and the board. Aldi is also included as a notice party in the legal proceedings.
During the High Court’s holiday sitting on Monday, the case was briefly introduced before Ms Justice Carmel Stewart. The judge formally declared the case open before the court and deferred the application for permission to challenge till May.