T Stafford and Sons Unlimited have instigated High Court proceedings in relation to An Board Pleanála’s denial of planning consent for a crematorium on the old Tayto factory site in Coolock, Dublin, where the company, long known for operating funeral homes in Dublin, had originally secured planning for a funeral home and accompanying offices and facilities.
T Stafford and Sons Unlimited had previously been given authorisation by the Dublin City Council (DCC) in 2022 to erect a crematorium on Greencastle Road, Coolock. Nonetheless, the board reversed the DCC’s decision last February, contending that the crematorium would notably violate the site’s zoning, as stipulated in the Dublin City Development Plan 2022-2028.
The board’s argument was that the region’s zoning was designed to “consolidate and foster the growth of mixed-uses in inner city and suburban locations.” They further alleged that the suggested development would negatively influence local amenities, including residential areas, and unduly reduce the area’s growth potential.
The claimant is alleging in a judicial review that the board’s conclusion that the crematorium contravenes the development plan is tantamount to a ‘serious legal mistake.’ Furthermore, the claimant contends that there was neither evidence nor a foundation for such a judgement and that the denial is “unreasonable”.
The board’s argument that the proposed facility would impede local amenities is deemed bogus by the claimant. They allege that the planning body failed to provide satisfactory or sufficient reasons for reaching its decision. The claimant contends that the verdict is not legitimate, claiming that the board supposedly depended on unofficial UK guidance, treating it as if it were legally binding, which it argues is a clear violation of fair procedures.
Additionally, it has been alleged that the neighbouring business, Mannings Bakery Limited, opposed the proposed crematorium. They claimed that T Stafford and Sons did not undertake a comprehensive assessment of the potential impact of a crematorium on their food manufacturing facility.
The applicant, represented by Niall Handy SC and counselled by Gavin Simons from Amoss Solicitors, has dismissed the objector’s concerns as “unfounded”, stating that the crematorium would not produce any scent or negatively influence adjacent locations. The applicant has triggered legal appeal proceedings against the board, seeking variety of judicial confirmations and orders. Among these requirements is an order to overturn the board’s denial of permission.
The case was initially opened formally by High Court’s Justice David Nolan on Thursday and subsequently postponed. The case is due to resurface at the court following the Easter recess when the new legal term initiates.