The development of almost 1,000 homes on the site of the former Central Mental Hospital in Dundrum, south Dublin, first planned five years ago, has been hit with a fresh legal challenge.
Developer Mark Leonard has initiated judicial review proceedings against An Coimisiún Pleanála and Dún Laoghaire-Rathdown County Council in relation to the decision last December to grant permission for 934 affordable purchase, cost rental, and social homes on the old hospital site.
This is the second challenge Leonard has taken to the Land Development Agency’s (LDA) plans for the site, one of the most prominent housing sites in the agency’s portfolio of State lands.
In May 2023 the LDA secured permission to build 852 homes at the old hospital using the Strategic Housing Development (SHD) system, which was designed to speed up the construction of housing. Leonard took judicial review proceedings against this decision, arguing that the development was in conflict with the Dún Laoghaire-Rathdown County Development Plan.
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The board conceded the legal challenge in April 2024, but the LDA, which was a notice party, decided to continue to defend the case. The SHD system has been scrapped, but the judicial review proceedings are ongoing.
Separately, in September 2024 the LDA lodged a new application for the 934 apartments, which was granted last December. While Leonard has this week initiated judicial review proceedings against this grant of permission, the LDA last month said it planned to press ahead with construction even if there was a new legal challenge.
LDA chief executive John Coleman last month told The Irish Times it intended to start work this month, saying: “We can’t wait any longer.”
He said: “We’re hoping not to get a judicial review challenge but if we do, we have this job tendered already ... we’re ready to go, we’ve selected the contractor. We can start on this next month and even if we do get a judicial review, we’re going to start next month.
“We’re moving on regardless.”
If Leonard is successful in his legal challenge, the LDA may have to reverse any work commenced on the site.
Coleman told an Oireachtas committee last year the first court challenge delayed the plans by two years, and added “at least €30 million” to the €400 million project cost. This was the equivalent of putting at least €30,000 on to the cost of each home.
When it published its master plan for the site in April 2021, the LDA had hoped the first homes would be available in 2024 and that the scheme would be completed by 2028.
