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Bartra

€400m O'Devaney Gardens facing fresh delay after High Court review lodged

Developers of the scheme are challenging a condition attached to the planning permission.

THE LONG ANTICIPATED €400m redevelopment of the O’Devaney Gardens site in Dublin is facing a fresh delay.

This follows developers of the scheme, Richard Barrett’s Bartra ODG Ltd instituting High Court judicial review proceedings today against a condition attached to the An Bord Pleanála decision giving the 14-storey project the green light.

The scheme is made up of 1,047 residential units across 10 apartment blocks made up of 1,024 apartments and 23 houses with the site located in the north west inner city, adjoining the residential area of Stoneybatter.

As part of a deal struck between Bartra and Dublin City Council, half of the scheme is to be made up of social and affordable homes.

The breakdown of the housing will be 30% social housing, 20% affordable and 50% private housing.

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The scheme was the first Strategic Housing Development (SHD) scheme where the appeals board included a condition locking out investment funds from purchasing residential units and restricting the sale to individual purchasers.

In imposing similar conditions on other recent SHD schemes, the board has limited the restriction to houses and duplex units only.

However, in the case of the O’Devaney Gardens permission, the condition also locks out investment funds purchasing apartments.

Now, Bartra is seeking to have that condition quashed as it relates to apartments.

The scheme is ‘shovel ready’ and if the matter can be resolved quickly, Bartra can commence work on site in early 2022.

However, the issue over the condition also has the potential to delay the scheme.

In a grounding affidavit, Planning Director with Bartra, Hazel Jones has stated that the inclusion of such a condition “may have the effect of compromising the viability or future management of the development”.

Ms Jones claims that An Bord Pleanála has acted ultra vires, or ‘beyond its powers’, in imposing the condition as it relates to apartments.

Solicitors for Bartra, McCann Fitzgerald wrote to An Bord Pleanála on 15 September and 3 November outlining the view that they felt that the condition had been included in error and seeking clarification on the matter.

The grounds of the judicial review proceedings state that no substantive response to either letter was received despite McCann FitzGerald advising the Bord that Bartra would have no alternative but to seek relief by way of judicial review in relation to the condition unless the error outlined was corrected.

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    Mute Tommy
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    Mar 23rd 2017, 10:04 PM

    I suppose the CIA will blame the Russians and use it to attack the Trump administration.

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    Mute Mick Jordan
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    Mar 24th 2017, 2:53 AM

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    Mar 24th 2017, 9:01 AM

    @Mick Jordan: RED THUMB

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    Mar 23rd 2017, 10:18 PM

    If you wrap your phone in tinfoil you’re safe enough

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    Mute James
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    Mar 23rd 2017, 10:22 PM

    @Alan b..: You used to be able to just put it in a microwave for a minute on full power but even the microwaves are watching us now….

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    Mar 23rd 2017, 10:20 PM

    So basically if you’ve a seven year old IPhone and if the CIA get their hands in it they might be able to feck about with it… Considering the new IPhone was rooted about a month after it was released I’d be more worried if the most powerful security agency on earth couldn’t do what wikileaks are saying they can do…

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    Mar 23rd 2017, 10:47 PM

    Do you have children ? People who maintain that having access to your living room, or bedroom for that mater, via TV, Laptop etc. even when turned off, is harmless and in safe hands should watch following short clip.
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    Mar 24th 2017, 5:26 AM

    @Pat O’Dwyer: frank is that you?

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    Mar 24th 2017, 1:46 AM

    if the shit is going down wouldn’t you hope the special forces. CIA. GCHQ or the garda.lol can track a mobile phone and hack it to use camera and mic. it’s a mobile device it is NOT secure so don’t believe it to be and get all offended that the government in an attempt to keep us safe might hack a phone.

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