New Sandymount apartments would ‘significantly overlook’ school, court told

The board of a Dublin primary school has been granted permission for its challenge aimed at overturning approval for a €50 million build-to-rent apartment complex in Sandymount, Co Dublin.

An Bord Pleanala gave fast-track permission in September for the construction of a 112-unit Strategic Housing Development (SHD) scheme on the site of a Maxol garage off Beach Road next to St Matthew’s National School.

The applicant, represented by FP Logue Solicitors, said it has “significant concerns” about the impact the six-storey development would have on the school, staff and pupils, including those with special needs and acute sensitivity to noise.

In its grounding statement, the school board claimed the proposed build would lead to significant levels of noise and dust disturbances for the school during the years of construction. Upon completion, the complex will also “significantly overlook” the school grounds, it alleges.

The applicant claims the proposed development materially contravenes the local development plan in relation to the classification of noise levels during the construction phase.

It is further claimed that the decision breaches the county development plan, as developer Maxol Property Ltd, a notice party, did not submit the correct urban design statement, which is required for builds containing more than 100 units.

In addition, the applicant alleges that the board failed to conduct the preliminary environmental impact assessment screening exercise as required.

Also included in the grounds of challenge is a claim that the decision is invalided in its contravention of daylight requirements and because the developer allegedly did not accurately fill out the application form.

The developer’s application “incorrectly” states, the applicant alleges, that the build does not involve demolition. However, the applicant says the proposed development will involve the demolition of the garage and associated buildings.

Further, it said, An Bord Pleanala was aware the form contained this error. This, the applicant claims, constitutes a material error of law sufficient to impair the board’s permission as it meant there was no effective public participation.

Mr Justice Richard Humphreys granted leave on Monday for the judicial review proceedings.