The conduct of Wicklow County Council planning officers in granting permission for 263 houses in Delgany will be examined in the High Court judicial review to take place next week.
The application, set to be heard on Tuesday, represents the third time in recent days that the High Court is being asked to adjudicate on controversial planning decisions in Wicklow.
The case follows last week's move by the court to overturn a decision to allow quarrying at Glen Ding, Blessington.
In a separate move the court also allowed a judicial review of plans for a road widening scheme at Glen Of The Downs.
Members of the Delgany Residents Action Group (DRAG), say they are concerned that the proposed Delgany housing development is largely similar to a previous application, from the same developer, for 294 houses which was struck down by Bord Pleanala in September 1996.
In its judgment Bord Pleanala said no development should take place either side of the road, the R762, until the road infrastructure is improved, notably by the provision of a by-pass to the south of Delgany village.
However, in January of last year the county council granted planning permission to the developers, Avmark Ltd, for a new scheme, with a total of 48 conditions.
Included in the conditions was a stipulation that while 63 houses may be built in the first phase, the remaining 200 may not be built until work starts on the by-pass.
The council also imposed a levy of £5,000 per house which would be expected to go towards funding of the new road.
The residents however, were angered by the permission and claimed that the council's interpretation of the Bord Pleanala decision "stretches the imagination".
Mr Patrick Pender, co-chairman of DRAG said the latest planning permission bears "striking similarities to the rejected plan". Mr Pender also pointed out that in March 1977 Bord Pleanala also refused planning permission to another developer for 27 houses on a site on the same road.