Dún Laoghaire Rathdown planning refusal ruled ‘unlawful’

High Court says council misapplied terms of its own planning scheme for Cherrywood

The council had refused permission to O’Flynn Capital Partners (OFCP) for a €70 million development of 164 houses in Cabinteely. The judge set aside the local authority’s decision and ruled that the developer should be allowed to submit a fresh application. File photograph: Bloomberg

The council had refused permission to O’Flynn Capital Partners (OFCP) for a €70 million development of 164 houses in Cabinteely. The judge set aside the local authority’s decision and ruled that the developer should be allowed to submit a fresh application. File photograph: Bloomberg

 

The High Court yesterday found that Dún Laoghaire Rathdown Council misapplied the terms of its own planning scheme for the Cherrywood area in south Dublin when it refused O’Flynn Capital Partners (OFCP) permission to build 164 houses on a site in Cabinteely.

The company, led by Cork developer Michael O’Flynn, first sought permission for the new homes on a 5.3-hectare site two years ago.

The area is in the Cherrywood strategic development zone, and has been earmarked for housing and employment. That is supported by a planning scheme which is intended to speed up the provision of amenities and to streamline applications for development.

HM4Oflynn locator map

Flood risk

Park

A key flashpoint between the two sides was the Druid’s Glen Road. This is a proposed route connecting the area in which OFCP and a number of other companies want to build with the nearby N11. O’Flynn Capital owns part of the land that this road was going to cross.

In its case, OFCP said that the council wanted the company to build the road to give Tudor Homes and the receiver of another company, Benreef, access to land that they own close to the O’Flynn site.

Strategic plan

Tom Phillips

The High Court yesterday ruled in OFCP’s favour. It found that the council’s decision to refuse the company permission to build the 164 homes was unlawful.

Mr Justice Robert Haughton said that the council misconstrued and misapplied the terms of its own planning scheme, that it had either had an improper motive for doing this, or had taken irrelevant matters into consideration.

He set aside the local authority’s decision and ruled that the developer should be allowed to submit a fresh application for the project.