Planning battle over Bulloch Harbour continues as appeals lodged

Richard Barrett’s Bartra has lodged an appeal against Dalkey planning refusal

The planning battle between developers Bartra and Dalkey residents – including broadcaster Pat Kenny – over the future of Bulloch Harbour is to continue.

Richard Barrett’s Bartra Property (Dublin) has lodged a first-party appeal against last month’s decision by Dún Laoghaire-Rathdown County Council to refuse planning permission for a mixed-use scheme for the harbour located near Dalkey.

Newstalk presenter Pat Kenny is the most prominent opponent of the scheme and urged the council in a joint objection with wife, Kathy, to refuse planning permission on multiple grounds.

The Kennys stated that the mixed-use development would change Bulloch Harbour’s “welcoming ambience utterly, forever” and last month welcomed the council’s “common sense approach” in refusing planning permission.

Anticipating an appeal last month in the case, the Kennys stated hopefully, if the council refusal "is appealed to An Bord Pleanála, the board will concur with the council's conclusions".

Now, in a fresh twist to the long-running planning saga, the Bulloch Harbour Preservation Association (BHPA) has also lodged an appeal to An Bord Pleanála concerning the council decision.

The BHPA are long time opponents of the Bartra scheme and unlike the Bartra appeal, the BHPA will call on the board to strengthen the grounds of refusal made by the council.

The move by the BHPA also gives the BHPA enhanced status in the appeal process alongside Bartra rather than having the role of an “observer” if it didn’t lodge an appeal and only made an observation on the Bartra appeal.

Previous permission

An Bord Pleanála previously granted planning permission for a Bartra Bulloch Harbour scheme in June 2019 but the permission was quashed by the High Court on consent in September 2020 after the appeals board stated that it wouldn’t be defending a High Court judicial review action brought against it by the BHPA.

The High Court also ordered by consent that the appeals board would pay the BHPA’s legal costs and the application was remitted back to the appeals board for further consideration.

That application was withdrawn and Bartra lodged a new planning application in January.

Over 140 objections were lodged against the current scheme and those to object included the Dalkey Community Council and Dublin Port Company.

In refusing planning permission, Dún Laoghaire-Rathdown County Council said the proposed development had not included adequate measures to minimise flood risk.