A company controlled by developer Sean Reilly is set to enter mediation with An Coimisiún Pleanála in an attempt to resolve a High Court action brought by the firm over a grant of planning permission for an extension to the DART line.
Alcove Ireland Three Ltd, part of Mr Reilly’s McGarrell Reilly property development group, filed proceedings seeking to quash ACP’s decision to grant permission for DART+ Coastal North, Coras Iompar Éireann’s (CIÉ) plan to extend the train line from Malahide to Drogheda.
Alcove Ireland Three, with offices at Pembroke Row, Dublin 2, is the owner of about 14 hectares of land located close to Rush and Lusk station in north Co Dublin.
As part of the plans for DART+ Coastal North, CIÉ proposes both permanently and temporarily acquiring sections of these lands. According to court documents, CIÉ – a proposed notice party to the action – says the land is required for the purposes of extending the train line to Drogheda.
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In its judicial review proceedings, Alcove Ireland Three claims ACP’s decision to grant permission for DART+ Coastal North is invalid for various reasons, including that it interferes with the company’s property rights.
Alcove Ireland Three claims ACP failed to show that the extent of the proposed acquisition of lands – and thus infringement on Alcove’s property rights – was necessary to achieve the stated public objective of extending the DART line.
It is Alcove Ireland Three’s case that its ability to develop the lands will be seriously restricted on account of the proposed acquisition.
This week, barrister Damien Keaney, appearing for Alcove Ireland Three, asked Ms Justice Emily Farrell to adjourn to December his application seeking permission to pursue the judicial review proceedings.
Mr Keaney said the parties are set to enter mediation in relation to the dispute. He said if there is no agreement between the parties by the next court date, his application seeking permission to pursue the challenge should proceed.
The judge adjourned the case to December.
