Councillors in south Co Dublin have voted unanimously to defend a legal challenge which, if successful, would prevent almost 700 student beds being developed near University College Dublin (UCD).
In 2020, a majority of Dún Laoghaire-Rathdown councillors voted to dezone the site for residential use while they were adopting the development plan for 2022-2028. This led the owner, Colbeam Ltd, to challenge the decision in the High Court.
Colbeam is proposing a 698-bed student development at Our Lady’s Grove, Goatstown Road, Dublin 14.
On Tuesday evening, a special private meeting saw councillors agree to expressly support defending the legal challenge in an effort to keep the site zoned for open space, rather than residential.
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While the rationale for the original decision to dezone the site was not discussed, it was the view of some councillors present that the council was obliged to defend the development plan that it had democratically passed previously.
A spokesman for Dún Laoghaire-Rathdown County Council said the meeting was not open to the public as it concerns the council’s defence of proceedings and “could prejudice its position in the case”.
The 2.12 hectares of lands are located at what had been part of Our Lady’s Grove primary and secondary school in Goatstown, about 850 metres from UCD.
In 2020, councillors passed a motion to rezone the site as open space, despite council management advising against the move.
Colbeam subsequently initiated a High Court challenge and last July the developer wrote to councillors urging them to withdraw their consent to defend the decision to dezone.
“Such an action would not only align with your policy objectives but also significantly accelerate the provision of much-needed housing.
“Your advocacy in this matter would demonstrate the Government’s commitment to resolving the housing crisis through sensible and sustainable urban development,” Colbeam said.
The letter which was also addressed to the three Coalition leaders, outlined how the developer is prepared to begin development of the student scheme “immediately” should the zoning be restored which would “significantly enhance” local housing supply.
It claimed that councillors “missed the point entirely” with their rezoning decision in 2020.
The motion to dezone the site from residential to open space was initially proposed by Fine Gael councillors Barry Saul and Jim O’Leary.
At the time, Mr Saul argued that throughout the development of the overall site a 25 per cent open space requirement had not been maintained.
However, Colbeam has argued that the 25 per cent open space provision has been maintained, “and further development of the student site would actually improve the pro-rata percentage of open space”.
It claimed that if development were to proceed, more than 48 per cent of the campus would function as open space while 37.5 per cent per cent of the site would be accessible to the general public for recreational use.
Two separate planning permissions have been granted previously for the site, though both were overturned by the High Court.
A previous fast-track permission for 132 apartments was quashed in the High Court in March 2020.
In October 2021, two local residents brought a judicial review case over An Bord Pleanála’s expedited permission granted in June 2021 for the eight-block 698 bed student accommodation development.
The applicants, who said they were not against development on the lands, said the proposal amounted to a significant overdevelopment of the site.
They argued that the board erred in granting permission and that the plan contravened requirements for open spaces, building heights and tree protection/landscaping.
The High Court agreed to quash the planning board’s decision to grant permission for the development.
Dún Laoghaire-Rathdown County Council has been contacted for comment.
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