A residents’ association and another local have brought proceedings asking the High Court to overturn planning permission for 68 apartments in Donnybrook, Dublin 4.
Developer Red Rock Donnybrook LTD’s plans for a 10-storey build-to-rent apartment scheme for the site of a petrol station, opposite Donnybrook Stadium, were approved by An Bord Pleanála last August.
The decision followed a revision at the appeal stage to reduce the build by two floors. Dublin City Council had refused the original application for a 12-storey block of 84 apartments.
The Eglington Residents Association and Ramleh Villas resident David Clarke together are asking for an order preventing works at the site being carried out until the case has been resolved.
Less-than-fully-appreciated Lineker leaves big shoes to fill on MOTD
Kathleen Watkins obituary: broadcaster, author and one half of the original power couple
Just Eat guy was on the clock and no war memorial service was going to stop him
Wretched, haunted and glassy-eyed, David Coote was made by modern football
The applicants point to a number of domestic and legal law grounds that they say should steer the court to overturn the board’s approval of the development.
Among their claims is that the board acted beyond its powers in granting permission under section 37 of the Planning and Development Act of 2000 for a different project than what was first determined by the local authority.
The board’s inspector identified that Red Rock submitted revised drawings and documents for the scheme as part of its “purported” appeal, they claim.
Davos: Politics, business and climate change converge at the WEF
Climate change is one of the themes of this year’s World Economic Forum in Switzerland. Markets Correspondent, Joe Brennan, reports from Davos where a recent winter heatwave means the highest town in Europe has significantly less snowfall than usual. The Taoiseach, Finance Minister and a delegation from the IDA are there as part of Ireland’s attempt to court FDI. All three parties are awaiting news from Microsoft on how many Irish jobs will be among the plans announced today to cut its workforce by 10,000, globally. Berlin Correspondent, Derek Scally, reports on how Europe’s most senior data regulatory body has ruled the Data Protection Commission in Dublin has failed to investigate, with due diligence, data collection and processing at Facebook and Instagram. Critics say that may have deprived the exchequer of a multibillion euro windfall. With any subscription you'll get unlimited access to the very best in unique quality journalism from The Irish Times. Subscribe today.
The right of appeal, the applicants say, is against “the decision of the planning authority”, and there is no right to submit a new design with a reduction of two storeys under an appeal, the applicants say.
The board has a specific power to impose conditions, such as a height reduction, on a proposed development, but there is no equivalent jurisdiction for appellants, the residents add.
They also say the board failed to attach any condition to the permission for levying a financial contribution on the developer in lieu of public open space on the site.
Citing EU law, the applicants say the board was not entitled to conclude, following a preliminary examination, that the development would not have significant effects on the environment.
Mr Justice Richard Humphreys this week gave permission for the group and Mr Clarke, represented by Stephen Dodd SC, John Kenny BL and FP Logue solicitors, to pursue their case against the board, with Red Rock on notice.
The board’s permission last summer went against a recommendation for refusal by its own senior planning inspector, Gillian Kane.
Ms Kane concluded the scheme constituted overdevelopment of the site. Its height, she said, “does not respond in a positive way to adjoining developments”.
