Pat Kenny relents in struggle to stop building beside Dalkey home
Broadcaster calls time on ‘expensive’ legal route to prevent construction of apartments
Pat Kenny: ‘Judicial review is extremely expensive and even if you win there is no guarantee that you will be awarded your legal costs.’ File photograph: Frank Miller
However, the Newstalk presenter said on Friday that he is “fully behind” a High Court attempt to prevent a mixed use development by the same developer at Bulloch Harbour in another part of Dalkey. Already residents have raised €30,000 to fund the High Court judicial review action concerning the An Bord Pleanála Bulloch Harbour decision.
In a decision last July the planning board overturned a ruling by Dún Laoghaire Rathdown County Council to grant permission to Richard Barrett’s Bartra for apartments on lands adjacent to the Kenny home.
The appeals board approved the plan despite trenchant opposition by Mr Kenny and his wife Kathy, along with other local residents. The Kennys and other objectors had the option of challenging the appeals board decision in the courts.
But Mr Kenny said today: “The deadline has passed for judicial review. Judicial review is extremely expensive and even if you win there is no guarantee that you will be awarded your legal costs.
“And if you win, there is nothing to stop a developer going in again and tweaking things and forcing you through the whole process all over again with no certainty of success . . . All we can do now is insist that the council enforce the strict conditions laid down by An Bord Pleanála.”
In both Bartra applications, the planning board overturned recommendations of inspectors and granted permission.
But what of Bulloch Harbour?
However, residents are going down the judicial review route in a bid to stop the other Bartra development proceeding at Bulloch Harbour.
The Bulloch Harbour Preservation Association last week held a public meeting at the Killiney Castle Hotel where about 250 people attended.
Mr Kenny was previously critical of An Bord Pleanála’s decision, describing it as “wrong headed and has to be stopped”.
The preservation association in early October secured leave to challenge the planning board’s decision in the High Court and the case has been adjourned to December.