A group of south Dublin residents is asking the High Court to overturn a grant of planning permission for a 192-unit apartment complex at the foothills of the Dublin mountains.
The court on Monday allowed the group of 15 individuals to pursue the case challenging An Coimisiún Pleanála’s (ACP) grant of permission to developer Zolbury Ltd for the proposed five-storey project at Blackglen Road, Sandyford.
Mr Justice David Holland granted leave for the challenge to barrister John Kenny, appearing for the residents, and instructed by FP Logue solicitors.
A litigant must obtain leave, or permission, from the High Court in order to pursue judicial review proceedings.
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The residents taking the challenge are: Kevin Cullen, Ann Cullen, Lorna Whelan, Jane Whelan, Andrew O’Kane, Naomi O’Kane, John Wilkinson, Mary Wilkinson, Joe Daly, John Hassett, Philo Hassett, Jean Dolan, Dudley Dolan, Brendan Byrne and Vivenne Byrne. The residents all have addresses close to the proposed development.
According to their court documents, among the residents’ grounds for the challenge is an assertion that the proposed development contravenes the Dún Laoghaire-Rathdown County Development Plan.
One alleged contravention arises from the residents’ assertion that the development falls within a specific Landscape Character Area, which requires a new residential development to maintain the rural character of the area.
The residents claim that the proposed development does not maintain the rural character of the area, and allege that ACP didn’t correctly identify this as a contravention of the development plan.
“The Commission could not rationally or reasonably have concluded that the replacement of a greenfield site covered in gorse with a five-storey, over-basement apartment block on the rural side of a road in a rural landscape area would maintain the rural character of the area,” the residents state.
Another alleged contravention of the plan, the residents claim, relates to the proposed height of the development.
The residents say ACP did not have regard to a relevant section of the plan that states: “Care should be taken to protect the image of the Dublin Mountains particularly from being spoiled by intrusive development of inappropriate scale, height and massing.”
They also claim the permission is invalid because ACP failed to consider the possible environmental impacts of rock breaking activity necessary for the proposed development.
The residents say that ACP failed to have regard to certain apartment planning guidelines, including level of access to public transport links serving the proposed development.
