One of the most contentious landbanks in Dublin has been blocked from use for housing under the new Dublin City Development Plan.
Councillors on Wednesday night voted to prevent future housing schemes on privately-owned lands beside St Anne’s Park in Raheny, by zoning the plot for open space.
The 16.5-acre site to the east of St Paul’s College at Sybil Hill, has been the subject of multiple housing applications and court actions since it was bought by developer Pat Crean’s Marlet Property Group in 2015.
The High Court last year overturned the latest permission granted by An Bord Pleanala for a Strategic Housing Development (SHD) of 657 apartments on the site.
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In recent months Marlet applied to Dublin City Council under the new large-scale residential development (LSRD) system for 580 apartments and a 100-bed nursing home on the site.
The city council last week refused permission for the scheme due to concerns about the light-bellied Brent goose, which migrate from Canada for the winter months. The council had received more than 230 objections to Marlet’s plans.
While the company can appeal the council’s decision to An Bord Pleanala, from next month it will not be in a position to submit new applications for residential schemes on the site, under the new city development plan.
Marlet had made submissions on the plan urging the council not to “sterilise” the land by implementing the open space zoning on the basis the site “no longer forms part of the institutional lands associated with the adjacent school” and was ideally located for housing.
However, councillors voted to zone Mr Crean’s land as Z9 open space in the plan which comes into force in mid-December.
Councillors said the site, former playing pitches, which had been part of the school grounds before their sale to Mr Crean, were in an area “bereft of sports grounds”. They also noted the use of the lands by the geese.
[ Brent geese scupper Marlet’s 580-apartment plan for St Anne’s Park siteOpens in new window ]
[ Council receives 230 objections to St Anne's Park schemeOpens in new window ]
The decision leaves Mr Crean with the option of submitting a fresh application to the council within weeks, or await the results of any appeal to the board on its recently rejected plans.
The new LSRD system is replacing the SHD system which allowed developers to bypass the local authority planning system and lodge application directly with An Bord Pleanála. As part of the LSRD system, developers must first apply to local authorities and parties have the option of appealing decisions to the board.
During the court hearing last year that saw Marlet’s previous plans rejected, Mr Justice Richard Humphreys noted that the proposed development at the site has so far clocked up four decisions by An Bord Pleanála and 10 sets of legal proceedings “and counting”.