Legal challenge regarding the authorization of Limerick real estate development
A challenge in the High Court has been launched, seeking to overturn a decision to grant a building permit for a development of more than 250 homes in Co Limerick.
The action was brought against a decision by Limerick County City Council to grant permission to build 252 houses and associated works at Dromdarrig in Mungret.
The challenge was started by Jackie King, Damian Mullins, Michael O’Connor and Brian O’Reilly who are all from the Mungret Woods subdivision, which is adjacent to the site of the proposed development.
The applicants support the construction of residential housing in the area of the proposed development.
However, they fear that the scale and density of the proposed development may cause unreasonable and disproportionate interference with the amenities of their own domain and that it may not meet the requirements of proper planning and sustainable development of the area. their local area.
Trees and wildlife
Their action was brought on the ground in particular that the decision consists of a violation of a relevant development plan called the local plan for the southern environs 2021-2017, which concerns the protection of trees and wildlife.
Residents were not given notice that the proposed work would involve work on a protected structure, which is part of the famous Mungret College school, at the site.
The board, it is alleged, erred in concluding that the proposed development is in accordance with the plan. It is also claimed that the proposed development is in violation of the EU Habitats Directive for local bat fauna.
The residents, represented in the proceedings by John Kenny and instructed by FP Logue attorneys Eoin Brady, are seeking various orders and declarations, including an order quashing the council’s decision to grant a building permit.
They are also seeking a court declaration that parts of the Planning and Development Act 2000 are incompatible with the 2001 EU Directive on Strategic Environmental Assessment because it unlawfully authorized the extension of the County Development Plan. of Limerick 2010-2016.
The applicant’s action is directed against Ireland and the Attorney General as well as counsel.
The case was briefly raised before Judge Bronagh O’Hanlon during Wednesday’s High Court recess sitting.
The judge adjourned the case for mention in court to a date early next month.