No STA Here

How the Proposed STA Could Impact Your Home—and Why Meath County Council Could Be Legally Liable

 

Your Rights Under Irish Law

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​Irish law recognises that homeowners may be entitled to compensation when public developments—even without acquiring land—cause a measurable drop in property value, amenity, or enjoyment. This principle is known as injurious affection.

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Legal Precedent: O’Reilly v. ESB [2025] IESC 27

In this very recent landmark Supreme Court case, Peter and Rose O’Reilly were awarded compensation for the depreciation of their entire landholding caused by ESB power lines—even though no land was taken. The Court ruled that:

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• Compensation under the Electricity (Supply) Act 1927 includes injurious affection.

• The ESB’s statutory powers did not grant immunity from liability for measurable harm.

• The Constitution requires equivalence—meaning homeowners must be fairly compensated for losses.

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This case sets a powerful precedent for homeowners impacted by developments like a STA at the proposed location.

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Local Implications for Communities Near the Proposed STA Site

The proposed STA is not a temporary measure like emergency accommodation for asylum seekers or immigrants—it is intended as a permanent development, with long-term operational and infrastructural commitments. This permanence significantly increases the likelihood of sustained impacts on the surrounding communities.

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If the STA proceeds at the proposed location, nearby communities may face:

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• Reduced property values, driven by perceived safety concerns and associated stigma.

• Loss of amenity and enjoyment, including diminished privacy, peace, and community cohesion.

• Heightened anxiety and reduced quality of life, particularly among households with young children, older residents, and other vulnerable groups

 

These impacts may qualify as injurious affection under Irish law, particularly when supported by professional valuations, expert reports, or community impact assessments.

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Financial Exposure for the Council

With potentially hundreds of homes affected, Meath County Council could face compensation claims running into tens of millions of euros. Meath County Council may argue that it is protected by statutory immunity, but this is not absolute.

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Limits of Immunity

Irish courts have consistently ruled that public bodies are not immune when:

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• The harm would be actionable in tort if done by a private party.

• The development is negligently sited or unreasonably executed.

• The impact is avoidable and not an inevitable consequence of lawful works.

 

In O’Reilly v. ESB, the Supreme Court rejected ESB’s immunity claim and awarded compensation for injurious affection.

 

Your Rights Under the Irish Constitution

Article 43 of the Irish Constitution protects the right to private property. It states:

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“The State guarantees not to enact any law attempting to abolish the right of private ownership… but may delimit these rights in accordance with social justice and the common good.”

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This means that while the State can regulate property rights, it cannot abolish or unjustly interfere with them. Any restriction must be:

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• Proportionate

• Necessary

• Justified by evidence

• And balanced against the individual’s rights

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What This Means for Property Owners

In practice, Article 43 does not automatically guarantee compensation for every interference with property rights. However, Irish courts have consistently held that:

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• Substantial interference with property rights — such as a measurable drop in value or amenity — must be justified and may require compensation.

• The “common good” cannot be used as a blanket defence to override individual rights without due process and judicial scrutiny.

• If a development causes avoidable harm, is negligently sited, or ignores viable alternatives, the State or local authority may be found to have acted unreasonably.

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Legal Risk and Strategic Implications for the STA

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What Happens If the CPO Is Approved?

If Meath County Council receives approval for the Compulsory Purchase Order (CPO), it gains legal authority to acquire the proposed site. The next step is to initiate the development under Part 8 of the Planning and Development Regulations 2001, which allows councils to approve their own projects—such as a STA—without external oversight from An Coimisiún Pleanála.

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How Part 8 Works:

• The Council publishes a planning proposal and invites public submissions (typically within 4 weeks).

• A Chief Executive’s Report reviews submissions and recommends whether to proceed.

• Elected councillors vote to approve or reject the proposal.

• There is no appeal to An Coimisiún Pleanála—but affected residents may pursue Judicial Review in the High Court.

 

Why This Matters

Because the Council acts as both developer and decision-maker, it is vital for communities to:

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• Engage early in the consultation process.

• Submit formal objections backed by expert evidence.

• Prepare for legal action if the development is approved.

 

If the Council proceeds despite documented concerns, it may increase its legal exposure and strengthen the case for compensation under the principle of injurious affection.

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Legal Risks for the Council

Should the STA cause avoidable harm or disproportionate impacts, Meath County Council may face:

• Legal scrutiny over its reliance on “social justice” or “the common good.”

• Compensation claims from affected homeowners under injurious affection.

• Loss of statutory immunity if the harm would be actionable in tort.

• Liability for negligent siting or failure to consider viable alternatives.

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Strategic Action Plan for Homeowners

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​ Stage 1: Request Withdrawal of the CPO​

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• Timing: Act immediately—before the CPO decision is finalised.

• Action: This is a critical moment. Every resident concerned about the proposed STA should contact their local councillors and demand that a motion be tabled at the next Council meeting to withdraw the CPO. This is not just a procedural step—it is a public test of where your councillor stands. If they refuse to support the motion, they are effectively backing the STA. If they support it, they are standing with the community.

• Grounds:

  • • Site Unsuitability & Safety: The proposed location lacks essential wraparound services (e.g. mental health, addiction, and social supports), making it inappropriate for a STA. Placing vulnerable individuals in an unsupported setting risks poor outcomes and raises safety concerns for neighbouring families, especially those with young children.

    • Impact on Property Value: The presence of a STA in this location is likely to reduce the market value of nearby homes due to perceived safety risks and loss of amenity.

    • Financial Risk to the Council: Proceeding may expose the Council to significant compensation claims under the principle of injurious affection—potentially amounting to millions of euros and placing a burden on local taxpayers.

    • Other Concerns:

      • Lack of meaningful community consultation or transparency

      • Missed opportunity for better use of the site

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Stage 2: Register and Prepare Injurious Affection Claims

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• Timing: Begin immediately—ideally before the CPO decision is finalised, and continue within days if the CPO is approved.

• Why Early Action Matters: It is essential to formally notify Meath County Council of your concerns in advance. This creates a documented record showing that the Council was aware of potential harm to neighbouring properties. If they proceed regardless, it may weaken their ability to claim statutory immunity and strengthen cases for compensation.

• Action:

  • Write to the Council outlining how the proposed STA is likely to cause injurious affection to your property.

  • Focus on specific impacts such as:

    • Anticipated drop in property value

    • Loss of amenity or enjoyment

    • Safety concerns for children and vulnerable residents

  • Include any supporting documentation you can gather—such as property valuations, expert opinions, or community impact assessments.

• Legal Context:

  • Under the precedent set in O’Reilly v. ESB [2025], the Supreme Court confirmed that compensation is due when public infrastructure causes measurable harm, even if no land is acquired.

  • The Council’s statutory immunity may not apply if the harm would be actionable in tort—such as a measurable drop in property value or amenity—and if the development is negligently sited or unreasonably executed.

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Stage 3: Submit Objections to the Part 8 Planning Process

• Timing: The formal objection period begins once Meath County Council publishes the Part 8 planning application. This triggers a minimum 4-week public consultation period, during which residents can inspect the plans and submit objections. However, the community should begin preparing immediately after the CPO is granted, so that submissions are ready as soon as the application is published.

• Action: This is a critical stage. Residents must mobilise community opposition and submit formal objections during the consultation period. The Council will vote on whether to approve the development—so this is your opportunity to influence that decision.

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• Grounds for Objection:

  • Injurious Affection: The STA may cause a measurable drop in property value, amenity, and enjoyment—grounds for compensation under Irish law.

  • Site Unsuitability: The location lacks essential wraparound services (mental health, addiction, social supports), making it inappropriate for vulnerable residents.

  • Safety Concerns: Especially for children, elderly, and other vulnerable groups in nearby homes.

  • Planning Irregularities: Failure to consider viable alternatives or conduct proper impact assessments.

  • Conflict with Development Plan: The STA may breach zoning objectives or contradict the Meath County Development Plan 2021–2027

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• Submission Tips:

• Use expert reports, property valuations, and community impact assessments.

• Reference the O’Reilly v. ESB [2025] IESC 27 case to highlight legal precedent.

• Keep records of all correspondence and submissions—these may be vital in future legal or compensation claims.

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​​ Stage 4: Prepare for Judicial Review

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• Timing: Within 8 weeks of the Council’s Part 8 decision—but begin preparations early to allow time for legal advice, fundraising, and community coordination.

• Action:  If the Council approves the STA, consider initiating a Judicial Review in the High Court. 

• Important Notes:

  • Judicial Review is a powerful but complex legal tool and should be pursued only after exhausting other avenues.

  • Under the Planning and Development Bill 2023, applicants must show sufficient interest—meaning they are directly or materially affected by the decision.

• Grounds for Judicial Review may include:

  • Failure to follow proper planning procedures under Part 8

  • Decisions that are irrational or unsupported by evidence

  • Breach of statutory obligations or planning law

  • Lack of fair consultation or consideration of objections

  • Conflict with national or local planning policy

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Legal Advice Is Essential: A solicitor with experience in planning and administrative law—or a barrister instructed through them—can assess whether valid grounds exist and help prepare the case. Judicial Review is not about opposing development in principle; it’s about ensuring the process was lawful, fair, and accountable.​

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​ Stage 5: Consider Compensation Claims

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• Timing: Begin preparations early if planning permission is granted—allow time for legal advice, valuations, fundraising, and community coordination.

• Action: Homeowners may be entitled to compensation under the principle of injurious affection for a proven drop in property value, amenity, or enjoyment. While Meath County Council may claim statutory immunity, this is not automatic. If the harm would be actionable in tort and arises from the execution of public works, compensation may be required.

• Key Considerations:

  • There is no fixed deadline like the 8-week limit for Judicial Review, but claims must be made within a reasonable timeframe.

  • Delays can weaken your case or lead to dismissal.

  • Begin gathering property valuations, legal advice, and building a collective strategy as soon as the development’s impact becomes likely or measurable.

  • Correspondence from Stages 1, 2, and 3—including objections, safety concerns, and site suitability issues raised during the CPO and planning process—will be key evidence. It helps demonstrate that the Council was made aware of potential harm before proceeding, which may strengthen compensation claims.

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​⚠️ Note on Costs: Judicial Reviews and compensation claims can be expensive. However, community fundraising mechanisms such as GoFundMe or similar platforms can help cover legal and expert costs. Collective action can reduce individual financial burden and increase the chances of success.

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Keep Records of All Correspondence​

Anyone engaging with Meath County Council—whether through objections, submissions, or general queries—should keep detailed records of all correspondence. This includes emails, letters, and notes from phone calls. These records may become crucial evidence in any future compensation claim, helping to demonstrate that the Council was made aware of potential harm and concerns.

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Community Strategy: Come Together Before Planning Submission
If Meath County Council moves to submit a planning application for the STA, affected communities should come together to develop a shared strategy. This will help ensure strong, coordinated submissions during the planning process.

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If planning is granted, the same group can pivot quickly toward Judicial Review or compensation claims. Acting together strengthens legal arguments, reduces costs, and shows unified opposition.

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​Collective Legal Action: Strength in Numbers

While Ireland does not have US-style class actions, multi-party litigation is common and effective.​

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• Group Litigation: All affected homeowners can join as individual claimants in a coordinated legal action.

• Test Case Strategy: A few representative cases can be fully litigated to establish legal precedent on whether the development causes injurious affection and how compensation should be calculated.

• Individual Assessment: If a legal basis for compensation is accepted by the court, each home’s claim may then be assessed individually by a Property Arbitrator or the court, based on the specific loss of value

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Illustrative Example

If the courts determine that injurious affection has occurred and compensation is warranted, Meath County Council could face substantial financial liability.

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To demonstrate the potential financial exposure Meath County Council could face if compensation is awarded for injurious affection, we can consider a sample of 100 homes affected by the development.

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These homes vary in market value, with some priced around €350,000 and others valued up to €800,000. To reflect this range, a mean value of €500,000 is used for illustrative purposes. If each of these homes were to suffer a 20% reduction in value, the Council could face a total compensation liability of approximately €10 million.  This figure may not include additional costs such as legal fees, expert reports, or valuation expenses.

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​Disclaimer: This example is for illustrative purposes only. The property values and the 20% reduction used here are hypothetical figures intended solely to demonstrate the potential scale of liability. Actual compensation amounts and percentage reductions would be determined by the courts and/or a property arbitrator, based on the specific circumstances of each case and supported by expert evidence.

If you believe your property may be affected by a proposed development, you should seek advice from an independent professional valuer with experience in compensation and compulsory purchase matters. Only a qualified valuation can provide an accurate assessment of potential impact.

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Conclusion: Know Your Rights, Protect Your Home

The proposed STA may expose Meath County Council to significant legal and financial risk. Irish law, constitutional protections, and recent Supreme Court rulings all support the right of homeowners to fair compensation when public developments cause harm.

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This is not NIMBY — this is BITRY: "Build In The Right Yard". Let’s pause the CPO and start a proper site selection process to find a location that works for everyone and actually gets delivered.