In Cunningham v. Bord Pleanala, Hogan J decided on 15 May 2013 that the Board had applied the wrong test to determine whether an agricultural building lost its exemption under Art 9 of the 2001 Planning Regulations. The Court held that exemption is not lost simply because the development involves use of an entrance that poses a traffic hazard; rather it is lost if the carrying out of the development endangers public safety by reason of traffic hazard. The Board had not addressed the question of how the carrying out of the development endangered public safety, and therefore the Court quashed its decision.

Alan Doyle