A High Court challenge has been brought against An Bord Pleanála’s decision to grant planning permission for over 600 new residential units in Cork.
The challenge relates to the board’s decision of June 16th last to grant permission for the construction of over 560 apartments and 48 town house apartments, a creche and associated works at the former CMP Dairy Site, known as Creamfields, near Kinsale Road and Tramore Road in Cork.
The proposed development is located 2km from the city centre, consists of some 12 buildings with one 15 storeys in height, with two others being nine storeys tall.
Permission to develop the site was sought by and granted in favour of Watfore Limited.
The challenge has been brought by Co Louth-based Environmentalist John Conway who claims that the board’s decision to approve what is deemed a Strategic Housing Development (SHD) is flawed and should be set aside.
Mr Kenny’s challenge has been brought on grounds including that the decision amounts to a material contravention of building height objectives contained in the Cork City Development Plan.
No adequate reasons were given by the board in its decision as to why the height of the proposed buildings are not in contravention of the development plan, it is claimed.
He also claims that the decision contravenes other aspects of the development plan including, apartment sizes, and the open space standards for apartments.
He further claims that the decision is in breach of EU Directives and plans concerning the environment.
In his judicial review action Mr Kenny who is represented in the action by Stepehen Dodd SC, Conor Sheehan and instructed by Christine O’Connor of BKC solicitors, seeks various orders and declarations including an order overturning the board’s decision.
The developer is a notice party to the proceedings.
The matter was briefly mentioned before Ms Justice Leonie Reynolds at the High Court.
The judge adjourned the action to a date in October, when the new legal term commences.