Neighbour challenges €130m Cherrywood development

Judicial review questions constitutionality of SDZ planning rules at south Dublin site

File photo. Photograph:  David Davies/PA

File photo. Photograph: David Davies/PA

 

A legal challenge to planning permission for 367 new homes in Dún Laoghaire Rathdown is to be fast-tracked in the Commercial Court.

The action concerns the decision to grant Tudor Homes permission to build apartments, four-bedroom houses, a childcare facility, and duplex and triple units at a 6.57 hectare site within the Cherrywood Strategic Development Zone (SDZ). Tudor estimates the value of the proposed housing at €130 million.

Applications for planning permission in SDZs are made without any right of appeal to An Bord Pleanála.

The action has been brought by Orla Fitzgerald of Talblick, Brennanstown, Dublin 18, against Dún Laoghaire Rathdown Co Council and the Attorney General. Ms Fitzgerald, who lives on lands beside the proposed development, seeks orders quashing the permission decision.

The action has been brought on grounds including that the council’s decision breaches EU directives on habitats and on environmental impact assessment.

She also claims section 170 of the 2000 Planning and Development Act, which bars An Bord Pleanála from SDZ decisions, is unconstitutional and in breach of fair procedures and natural justice. Tudor Homes Ltd is a notice party to the action.

Ms Fitzgerald brought proceedings last year challenging a previous decision by the council to grant Tudor Homes permission to develop the site. That case resulted in the High Court directing the application be remitted to the council for a fresh determination.

On Monday, following an application by the developer, the case was admitted to the fast-track Commercial Court list by Mr Justice David Barniville.

Tudor Homes says it wants the case decided as soon as possible for reasons including the value of the built-out version of the residential development is in excess of €130 million. There were no objections to the case being fast-tracked and it will return before the court in the autumn.