The High Court has cleared the way for a challenge to the rezoning of Poppintree Park in Ballymun, Dublin, for a housing development.
Mrs Justice McGuinness gave leave to seek orders quashing Dublin Corporation's decision of January 5th last approving Draft Development Plan (No 3) which provided for the rezoning of the Ballymun Rejuvenation Area, which was deemed to include the 65-acre Poppintree Park.
The corporation approved a variation of the zoning from residential, business use and recreation/open space to zoning which seeks the social, economic and physical rejuvenation of the area.
As part of the rejuvenation, it is claimed Ballymun Regeneration Ltd, the body with responsibility for developing the area, proposes to take over a large part of Poppintree Park for public and private housing.
In an affidavit, Mr Vincent Regazzoli, a laboratory technician, whose home at Willow Park Road, Glasnevin, borders the park, said the corporation, in newspaper notices of August 20th, 1997, had referred to proposing rezoning of the Ballymun Rejuvenation Area and invited objections or representations on this.
He complained the notices failed to refer to Poppintree Park and were misleading.
He said that, prior to recent proposals to restructure the nature of housing in Ballymun, there was no area identifiable as the Ballymun Rejuvenation Area.
He said it could not reasonably have been maintained that the area could naturally comprise Poppintree Park, which is between Finglas and Ballymun, and the park should have been identified as Poppintree Park.
Had he known of proposals to rezone the park, he would have made further inquiries and exercised his right to participate in the consultative process provided for in legislation, Mr Regazzoli said.
Several residents' groups lobbied against developing Poppintree Park for further housing. He chaired the Willow Cedar Action Group.
Ms Siobhan Phelan, instructed by Ms Paula McHugh, for Mr Regazzoli, applied for leave to seek orders, by way of judicial review, regarding the rezoning.
Counsel said there was a dispute between her client and Ballymun Regeneration Ltd about whether Poppintree Park was a public park. Mr Regazzoli claimed it was, while the company disagreed.
Mrs Justice McGuinness granted Mr Regazzoli leave to seek an order quashing the corporation's decision to approve Draft Development Plan (No 3) which provided for the rezoning of the Ballymun Rejuvenation Area, including the area of Poppintree Park.
She also granted leave to seek a declaration that the statutory duty to notify the public of an intention to vary a development plan adopted by a local authority requires statutory public notices be published in such a manner as would enable the public to identify the areas affected.
Declarations that Poppintree Park is a public park and that the corporation must comply with statutory provisions governing the extinguishing of public parks before the development proposals may be pursued will also be sought.
Other reliefs sought by Mr Regazzoli include declarations that persons living in the area have acquired rights to enjoy the park and to traverse it.
The judge also granted liberty to seek an order preventing the carrying out of any development works at Poppintree Park until the necessary procedures for extinguishing rights of way in a public park, and any privately acquired rights, are completed.