A woman living next to a proposed 367-home development in Cherrywood, south Dublin, has brought a legal action against Dún Laoghaire-Rathdown Co Council over its decision to grant planning permission for the project.
Orla Fitzgerald lives beside a 16-acre site where Tudor Homes wants to construct a €130 million apartment and housing scheme.
The property is located at Brennanstown within the Cherrywood Strategic Development Zone (SDZ), a special government designation which means once a local authority grants permission there is no right of appeal to An Bord Pleanála.
Ms Fitzgerald brought High Court judicial review proceedings after Dún Laoghaire-Rathown Council’s decision last January to grant permission for the development.
Among her claims are the council gave no, or inadequate, reasons for its decision. She also claims the council wrongly confined itself to a consideration of whether the development was consistent with the Cherrywood Planning Scheme and that the decision was irrational and/or void for uncertainty.
She further claims the decision was in breach of requirements under EU environmental impact and habitat directives.
She seeks a declaration, if necessary, that the legislation setting up SDZ schemes is unconstitutional.
On Monday, Tudor Homes, a notice party to Ms Fitzgerald’s action, was granted permission by Mr Justice David Barniville to have the case admitted to the fast-track Commercial Court list.
Tudor director, Walter Browne, said in an affidavit, said the case is of “enormous commercial significance” from his company’s perspective.
The proceedings have the potential to delay implementation of the planning permission and will have knock-on consequences in terms of financing arrangements, land acquisition and construction costs, he said.
Mr Justice Barniville, after hearing there was no opposition to Tudor’s application, admitted the case to the commercial list. It comes back to court for hearing in November.