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THE HIGH COURT has quashed a planning permission granted for 30 houses and a guesthouse in the Ráth Chairn Gaeltacht in Co Meath.
Justice Bronagh O’Hanlon quashed the decision on grounds that she was not satisfied that the proposed development complied with requirements to show that it would enhance the use of the Irish language in the area.
The action was brought against An Bord Pleanála’s June 2020 permission for the planned development, on a site between the local primary school and community centre.
The challenge was brought Comharchumann Ráth Chairn, a local development co-operative charged with implementing a language plan to increase the amount of Irish in the area, had challenged the decision.
Seamás Ó Tuathail SC, with Dáithí MacCárthaigh BL, instructed by Colm McGeehin, of Prospect Law solicitors for the co-operative claimed the board had erred in not holding that a language impact statement (LIS) submitted on behalf of the developer, Colm Griffin, from Ráth Chairn, was inadequate.
The author of the LIS had no qualifications in language planning or social linguistics and the LIS is inadequate for reasons including it underestimated the numbers who speak Irish in the locality, it was claimed.
A planning condition that 70% of the 30 houses be provided for Irish speakers “unless otherwise agreed by the developer and the Council” amounted to an unauthorised delegation of the Board’s powers, it was also claimed.
It was further alleged that the rights of the applicant as a linguistic minority have been violated, particularly the right not to be assimilated.
The board denied the claims and had opposed the group’s action.
In her judgement, the judge said that she was satisfied to make an order quashing the decision.
The judge said she was not sataisfied that an analysis carried out by a planning consultant on behalf of the developer was sufficient to clearly show that the proposed development would enhance the use of the Irish language in the Co Meath Gaeltacht.
Proposed developments in Gaeltacht areas are required under national and local planning requirements to show that they must increase the use of the Irish language, the court added.
However in this case the court was not satisfied that it had been proven that the proposed development would comply such requirements contained in the County Meath Development plan in regards to the Ráth Chairn area.
The judge also awarded the applicants their legal costs of the action.
Conradh na Gaeilge congratulated Comharchumann Ráth Cairn, its legal team and the wider community for their victory in the High Court.
The Irish-speaking group said it was an important ruling that will inspire the whole Gaeltacht community.
Conradh na Gaeilge president Niall Comer said: “This whole process highlights the weaknesses of the planning system in relation to the protection of the Irish language in the Gaeltacht.
“No Gaeltacht community should have to rely on the courts to protect its future as a Gaeltacht community.
“It is clear, as demanded by Conradh na Gaeilge and the Gaeltacht communities, that there is a need to develop a national policy for housing planning in the Gaeltacht, a policy aimed at ensuring that housing planning in the Gaeltacht is focused entirely on sustaining and strengthening communities of the Gaeltacht.”
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Fair play. Sometimes you must know the value of something
@Aidan Haughey: yeah – the value of the houses already in the area will now stay high – call me a skeptic, but I feel this has very little to do with the use of the Irish language.
How could they possible even know those homes would not be bought by Irish speakers making it even stronger.
@Richard: I think that’s the point, because a proper Language Impact Assessment wasn’t conducted no-one truly knows the potential impact upon the irish language in the area.
@D. Memery: we are a great country for analysis paralysis – measure everything before doing anything and then have someone measure the measurements and finally have an investigation and committee audit those and 3 years later we can maybe move forward – or start going through the courts. Painful progress or none at all.
@Richard: but how in the name of God do you prove that it would improve and strengthen the community who speak Irish? Would you have to be an Irish speaker to buy one of these homes?? Surely that would border on discrimination against non Irish speakers??
@Richard: this area is just out the road from my hometown, in which I worked for an auctioneers for 12 years. In my experience, houses in gaeltacht areas are in fact harder to sell rather than commanding higher values
@Richard: I agree. Could they not put a system in to identify Irish speakers who want to live in this area and let them buy a house. No houses for sale also means no increase/improvement in the speaking of the language.
@Colm Walsh: how do you prove it would not? Seems that is what they went with, which is a giant assumption.
@Aidan Haughey: Go díreach.
@Richard: exactly! Ya can’t prove either way without some major bluffing. It’s crazy. No wonder we’re in this housing crisis heap when planning laws like this exist.
This happens in all Gaeltacht areas. A housing developer wants to build houses, which will be bought by English language speakers and dilute the visibility of the Irish language in the area. We have very few gaeltacht communities left, and it only takes a small shift in numbers for English language speakers to be a majority, wiping out Irish in the area.
It’s the right decision to block it.
Excellent decision
@Margaret Healy: Not really. Houses should be given on the basis of need not language which can be learned and practiced anywhere.
@alan: No they shouldn’t. There is tons of unused rural land in Ireland that is not a part of the Gaeltacht that can be used for housing. The actual area of Ireland’s Gaeltachtaí is tiny. The gaeltacht’s purpose is to provide an area for the Irish language to be a living community language. Adding a bunch of English speakers to the area kills the language.
@alan: Sin an fáth a cuirtear “Gaeltacht”; _sin_ an áit atá ainmnithe chun Gaeilge a fhoghlaim agus úsáid.
@Seán Ó Briain: ‘Adding a bunch of English speakers to the area kills the language.’…and gprovides them with the housing they may need. Forget fetishising the language, think about the people. Ireland is now multicultural anyway and no language should be given pride of place. What matters is communication between the people who live here, regardless of the language they speak. If you want to learn a particular language you can do it anywhere, anytime. In the meantime, a roof over a persons head is more important.
@alan: “and gprovides them with the housing they may need.”
No it doesn’t provide them with the housing they need. There’s ample land for housing in Ireland outside of the gaeltacht. Your argument is laughable.
@Seán Ó Briain: nobody is suggesting that other land cant be used. of course it can. but that is no reason for imposing restrictions on who can actually move into any particular houses. what next? only people who possess genuine baneen hats need apply???
@alan: “but that is no reason for imposing restrictions on who can actually move into any particular houses”
There is a reason and it’s been explained to you.
@alan: It’s a Gaeltacht area Alan……hence the necessity to ensure it is inhabited by Irish speakers! Common sense!
Very good decision
What I really find amazing is that every child is forced to learn the Irish language up to the age of 17 years ( with few exceptions) and then are denied the right to live in a Gaeltacht area as they are not deemed native speakers, must go to show the Irish language programme in the nations schools is a failure overall, time to hand back our ‘fainne’.
@Honeybee: but they’re not really the “nations schools” though, are they? The term “National School” may still be on the plaque, but Romans have long since colonised them and consider them theirs. Shamefully, we still have legislation in effect that permits discrimination on the ground of religion, so the “nation” obviously has different priorities. Personally, I suspect a link between the failure of the education system to boost usage of Irish, and the fact that it’s taught in the majority of schools by the same person teaching about sky-fairies. Kids are smarter than the system acknowledges, and kids instinctively mistrust anything coming a person who they know has misled them about any other thing.
@Fachtna Roe: If only the Romans came here
@thesaltyurchin: they’re still here, and are the ones who taught you that they never came. Perversion of language and concealment of truth are among their weapons. They also are great at teaching people without joined-up-thinking to repeat in discussions simple phrases which they don’t fully comprehend, with a view to confusion, distraction, and preservation of their status quo.
its discrimination that’s all. you can’t force someone to speak a certain language.
@Stephen Murphy: No one is forcing them. But if they don’t want to speak Irish they shouldn’t live in the tiny amount of space reserved for speaking Irish. London is nice.
@Stephen Murphy: “Who are you yelling at Homer”
“The guy who doesn’t live there”
@Stephen Murphy: with this mindset you must believe that an eco-community should let people who don’t live ecologically sustainable lives, integrate into their minority niche group…as it’s “discrimination” otherwise?
Or that there should be schools built in retirement home settings!?
This and any Gaeltacht community is entitled under Irish law to remain a Gaelic community, while protecting our national language, culture and traditions and to thrive.
Sín é!
@akaalison: or an InCel in a compound of polygamists.
At this time and age this is discrimination and forcing people to speak a certain language like the English did to irish. this is true segregation. everyone deserves to speak whatever.
@Stephen Murphy: Discrimination because there’s a cap on the total percentage of English speakers who can buy houses in the tiny area of Ireland that’s reserved to protect the Irish language? I’m sure your life is really affected by it.
@Stephen Murphy: Maybe try mastering English, Stephen, before doing their bidding by suggesting that my culture is harmed further.
Maith said
Particular language? religion? skin colour? and so on, It’s all a bit ‘culty’
@thesaltyurchin: Your skin colour is irrelevant!
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