Fingal County Council’s plan to develop 121 apartments in north Dublin has come under challenge in the High Court.
The management company of a nearby residential development wants the High Court to quash two decisions of Fingal councillors authorising the local authority’s proposal to build five blocks, ranging from three to six storeys, and a creche at Mayeston, Poppintree.
Mayeston Hall Management Company alleges councillors voted last April on a “flawed” report of the council’s chief executive that failed to consider a submission it made on the proposal.
The council later acknowledged that a clerical error meant it had not uploaded Mayeston’s submission on to the council’s online consultation portal and it was not considered in the council’s chief executive report on the plan, the firm claims.
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A month after elected members agreed to adopt the chief executive’s report, they were supplied with a supplemental chief executive report which drew their attention to Mayeston’s submission, it alleges.
The councillors then “purported” to agree the supplemental report, but Mayeston alleges this was beyond the council’s jurisdiction.
Among Mayeston’s other grounds of challenge is a claim the proposed development does not comply with minimum floor standards for apartment schemes containing more than 10 units.
Ms Justice Niamh Hyland on Monday gave the management company, represented by Stephen Dodd SC, to pursue judicial review of the two decisions. Only Mayeston was represented in court for the early-stage application.
The case was adjourned to a date in the autumn.
