An action by the Christian Brothers aimed at compelling Dublin City Council to grant what was described as a default planning permission for a controversial development of 171 houses and apartments on 3.4 acres of lands owned by the order at Dublin's North Circular Road has been adjourned at the High Court.
If a default permission is granted, on the basis of the order's claim that the council failed to decide on the planning application within the relevant time limits, the council claims this will permit the Christian Brothers to carry out a large development "unfettered" by any conditions.
The council also claims that default permission would also deprive it of €.1 million for public infrastructural works, payment of which was required by one of the 21 proposed conditions. The public would also be unable to appeal against a default permission to An Bord Pleanála, it said.
The case was due to open yesterday but was adjourned after Mr Justice John MacMenamin suggested it might be better if the parties could resolve the matter between themselves rather than allow it proceed to hearing and have the court make a decision "on a black and white basis".
After discussions between counsel, Eamon Galligan SC, for the Christian Brothers, asked for the action to be adjourned to July 4th to see if the sides could progress matters. The judge said he would grant that adjournment.
Conleth Bradley SC, for the council, said that when the case was before the High Court last December, the court directed that the local residents association, which had objected to the development, be heard. His side would keep the association informed of the progress of the discussions, counsel said.
Kieran Collins, chairman of the residents association, which has objected to the development on various grounds including loss of amenity, loss of views and loss of a large number of trees, was in court yesterday with other members. Mr Collins said he would be available to the parties.
Earlier, the judge read a letter from the residents to the court in which they indicated that their main concern was the protection of their appeal against the development to An Bord Pleanála.
The residents had also said that while they would like to be involved in the legal proceedings, they could not risk incurring costs.
The proceedings relate to a proposed development at 274 North Circular Road of 171 residential units, consisting of terraced houses, duplexes and apartments, 191 car parking spaces and ancillary works. for which permission was sought in a planning application received by the council in November 2004.
Permission was also sought for the demolition of Highfield House and a 19th century gate lodge.
The Christian Brothers are seeking orders to the effect that the council had granted permission by June 6th, 2005, in the terms of the original planning application. They also want to quash a permission granted by the council of June 23rd 2005, claiming that permission was decided outside the relevant time limits and is therefore null and void.
The council say they are prepared to grant permission for the development but only subject to 21 conditions, including a condition restraining the Christian Brothers from demolishing the gate lodge, described by the council as "unique".
