Ireland's biggest homebuilders launch judicial review against new Kildare County Development Plan

Ireland’s two largest homebuilders, Cairn Homes plc and Glenveagh Properties plc, are today applying to the High Court to seek a Judicial Review of the new Kildare County Development Plan 2023-2029. 

The proposed County Development Plan (2023-2029) will reduce the number of homes which can be built in the county to just 9,144. The current plan, now coming to an end, allowed for 22,272 homes to be built in the last six years. This represents a reduction of 59% on the number of new homes that can be permitted under the new plan at a time of an unprecedented housing crisis.

The move today follows a similar move in October of last year when, Glenveagh and Cairn submitted an application for a Judicial Review of the Wicklow County Development Plan 2022–2028, on broadly similar grounds.

The reduction in the number of new homes that could be delivered across all types including social, affordable and private arises in part from a reliance on out-of-date Census data from 2016 and follows the adoption of the National Planning Framework (NPF) in 2019.

As a consequence, Glenveagh and Cairn believe the Plan has materially underestimated Kildare’s population growth and its current and future housing needs.

The Government has committed to review the NPF this year to ensure that there is a sound mechanism behind the framework underpinning its integrity. Population growth, headship rates, household formation, obsolescence and the impact of migration will be clearer with the publication of the definitive results of Census 2022 in the second quarter of 2023.

The ceiling imposed by the new Plan, similar to the methodology used by Wicklow County Council, is again considered premature and potentially damaging as Glenveagh and Cairn believe this is based on flawed and restrictive data, which underestimates housing needs.

Stephen Garvey, Chief Executive, Glenveagh, said, “As currently proposed, this plan would greatly limit the development of much-needed social and affordable homes in Kildare, a county that has seen unprecedented population growth, significant foreign direct investment, with associated job creation, as well as substantial investments in critical infrastructure by the Government. On that basis, we believe it would be remiss of us not to challenge this plan.”

Michael Stanley, Chief Executive, Cairn said, “Increasing supply in areas where there is a proven need and demand for housing is the only answer to address our housing crisis. We will continue to be consistent in our approach to challenging these flawed and potentially damaging county development plans.’’