Building permit for 445 apartments contested
A challenge to the High Court has been brought against An Bord Pleanála’s decision to grant a building permit for a development of 445 housing units to be built in south Dublin.
The action was taken by the Fernleigh Residents Association and Brian Cassidy following the board’s decision to give the go-ahead for the construction of apartments and a daycare center at Aiken’s Village, Stepaside in Dublin 18.
The plaintiffs want the court to overturn the board’s decision to grant a building permit to Ironborn Real Estate Limited to develop the site.
The applicants say they are not opposed to the development of residential housing on the site. However, they say that the permission granted in this case represents an over-development of the site.
The authorization, they argue, goes against proper planning of the locality and could affect the sustainable development of the region.
The group of residents and Mr. Cassidy, of Belmont, Stepaside, represented in the action by John Kenny being instructed by lawyer Eoin Brady of FP Logue, say the decision to grant leave is invalid on several grounds.
The reasons include that the decision contravenes Dún Laoghaire Rathdown’s requirements on open spaces, guidelines on daylight and sunshine requirements as well as the capacity of public transport.
The board also failed to conduct the assessments and screening of the proposed development, as required by the EU’s Environmental Impact Assessment Directive, it was told. court. The possibility that the development could have significant effects on the environment was not properly taken into account by the council, it is also alleged.
The applicants further claim that the decision contravenes the EU Habitats Directive.
The applicants, who live close to the proposed development, have brought action against the board of directors, as well as against Ireland and the Attorney General. The promoter is an opinion party to the judicial review proceedings.
The action was briefly mentioned to Judge Miriam O’Regan during Tuesday’s High Court recess sitting.
The lawyer said the action should go to the High Court which deals with strategic infrastructure developments. The judge adjourned the case to a date in October.