An Bord Pleanála has decided not to contest two High Court challenges to its planning permissions for 749 homes in counties Dublin and Waterford. The board told the court on Monday it is no longer defending its approval for the development of 531 build-to-rent apartments in Dundrum, south Dublin, and 218 dwellings in Dungarvan.
The proposed €316 million development at Marmalade Lane, Wyckham Avenue, Dundrum, includes a 10-storey block, an outdoor cinema, a yoga studio and a rooftop garden allotment.
The April 2022 decision to approve the five-block scheme came before the High Court by way of a judicial review challenge by a local group, Residents WBC CLG, represented by barrister John Kenny, instructed by FP Logue solicitor Eoin Brady. The board is understood to have conceded on the ground that it failed to publish an environmental impact assessment on its website.
This is the second time permission granted to developer 1 Wyckham Land Ltd for a large residential scheme on the site has been challenged in the High Court. The previous approval, for 446 apartments, fell after the board consented to an order quashing its decision.
On Monday, Niall Handy SC, told the court his client, 1 Wyckham Land, which is a notice party in the case, intends to seek to step into the role of defending the April 2022 permission in place of the board.
The ability of a notice party developer to defend a permission that An Bord Pleanála, as defendant, has decided should be quashed is due to be considered by the Supreme Court. Barrister Aoife Carroll, representing An Bord Pleanála, said the case, in which Ardstone Homes seeks to defend approval for 341 apartments near the Dublin mountains, is unlikely to be heard before January. The appeal is being advanced by Ballyboden Tidy Towns Group against the High Court’s decision to permit Ardstone to defend the permission the board no longer stood over.
Mr Justice David Holland was also informed on Monday of a concession by the board in an unconnected action brought by ecologist Lisa Dolan and civil engineer Neil Renton, both of Abbeyside, Dungarvan, over plans for a 218-unit housing scheme in their town.
Christopher Hughes BL, instructed by BKC Solicitors, for Ms Dolan and Mr Renton, said a hearing date had been scheduled for the case. In light of communications from the board the hearing will not proceed, the court heard.
Damien Keaney BL said the board’s move comes as a “shock” to his client, the notice party developer Michael Ryan. He only received the board’s letter of concession on Monday morning so he needed some time to consider his client’s next steps, including potentially bringing a motion seeking to defend the permission.
Mr Keaney said he will need to digest the basis for the board’s concession, which relates to an EU law environmental screening, called an appropriate assessment.
Mr Justice Holland adjourned both cases to a later date.
