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Courts

Tidy Towns group brings High Court challenge against planning permission for 131 homes in South Dublin

The group claims the decision to grant permission is flawed, in terms of both domestic and European law and should be set aside.

A HIGH COURT challenge has been launched against An Bord Pleanála’s decision to grant planning permission for 131 residential units in South Dublin.

The action has been brought by the Ballyboden Tidy Towns Group against the planning authorities’ decision to grant developer MacCabe Durney Barnes Limited permission to building the residential units and associated works on lands at Stocking Lane, Ballyboden in Co Dublin.

The group, which is represented by John Kenny Bl, instructed by solicitor Fred Logue, claims last February’s decision to grant permission is flawed, in terms of both domestic and European law and should be set aside.

The group, which says it is dedicated to sustainable planning and the protection of the local environment in the Ballyboden area, claims that the board took irrelevant factors into account before it decided to grant permission.

It is claimed that the board failed to properly take 2018 Urban Development and Height Guidelines into account.

It is also submitted that the board did not give proper consideration to the impact on local traffic that would be generated by the proposed development or submissions regarding an absence of public transport in the area.

It is also claimed that the decision does not comply with European Directives on Habitats, Strategic Enivronmental Assessments (SEAs) or Environmental Impact Assessments (EIAs).

In its judicial review proceedings against the Board, Ireland and the Attorney General the group seeks various orders and declarations including an order quashing the Board’s decision to grant planning permission.

The developer of the proposed project is a notice party to the proceedings.

The matter was briefly mentioned before Ms Justice Niamh Hyland during today’s vacation sitting of the High Court.

The judge adjourned the matter to a date in May.

Author
Aodhan O Faolain