The recent High Court’s ruling in Palatine DAC v An Bord Pleanála which led to planning permission for a 6-7 storey office building in Dublin 2 being overturned, marks a significant moment for the role of daylight and sunlight analysis in Irish planning.
Permission was quashed because the methodology behind the daylight assessment was challenged, the Inspector found it unreliable, and ABP approved it without giving reasons. That omission was fatal.
For years, Irish planning practice has lived in a grey zone between strict adherence and “flexible interpretation” of the BRE 209 Guidelines. However, the High Court has made it crystal clear:
- Daylight & sunlight assessments must be robust, complete, and methodologically sound.
- Decision-makers must explain why they accept a consultant’s methodology – especially when their own Inspector disagrees.
- Selective modelling, missing windows, or unsubstantiated interpretations of BRE guidance are no longer acceptable.
The judgement confirms what we’ve known but the industry has sometimes overlooked:
“If daylight studies are incomplete, selective, or poorly evidenced, they will not withstand scrutiny at appeal or in court.”
Why this matters
- For developers – Poor daylight analysis isn’t just a design risk anymore – it’s a legal risk.
- For planners – You must be able to stand over the methodology, not just the conclusions.
- For consultants – Rigour, transparency, and diligent modelling are essential.
The Court’s message is unambiguous, daylight and sunlight impacts must be robustly assessed, transparently reasoned, and correctly interpreted – or a planning permission risks collapse.
This raises the professional bar and should improve the quality of assessments across the sector. If you’d like to discuss how we can support your projects in Ireland reach out to Kevin Francis.