An Bord Pleanála has conceded in a High Court challenge to its grant of permission for more than 100 apartments in Howth, north Co Dublin.
The board said it would not oppose the case brought by Christian Morris, of Claremont Road, Howth, over the fast-track approval of the proposed residential scheme in Deer Park.
It accepted it “incorrectly” relied upon a requirement in 2018 guidelines for urban development and building height when determining permission could be granted.
The High Court was informed last week of the board’s updated position in the judicial review challenge by Mr Morris, represented by John Kenny BL, instructed by FP Logue Solicitors. Mr Justice Richard Humphreys adjourned the case to a later date.
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The board granted permission to developer GLL PRS Holdco in September 2021 despite a recommendation from Fingal County Council to refuse planning permission.
The proposal for three apartment blocks at Deer Park led to 51 third-party submissions being lodged with the board, with some locals expressing concerns that Howth was being overdeveloped.
The board directed that the planned development of 162 apartments should be amended to remove the upper storeys of all blocks so they would not surpass five floors. Another condition required one block to have 24 units fewer than proposed by the developer.
The development permission was the subject of two High Court judicial review challenges. The board conceded in Mr Morris’s case, which has an impact on the action brought by Alan Downey, of Howth Road, represented by Alan Doyle and Ken Kennedy solicitors.