A High Court challenge has been taken over An Bord Pleanála's permission for construction of 245 apartments and a childcare facility on part of the former premier Dairies site in Dublin.
Rita O'Neill, on behalf of residents of Glenhill estate and Premier Square apartments, secured leave today to challenge the permission granted to Ruirside Developments Ltd for the development of the 10-storey block of apartments on a vacant brownfield site of some 1.23 hectares.
Mr Justice Charles Meenan told Ms O'Neill, of Glenhill Road, Dublin 11, who made the application herself, he was satisfied she had shown substantial grounds for judicial review against the Board.
He granted interim orders to restrain the development pending the case but said the developer and Dublin City Council, who are notice parties, had permission to apply to vary that order.
Earlier, the judge queried whether the matter, as a strategic housing development, required to be in the court strategic development list.
After Ms O'Neill said she had been directed by court officials to the judicial review list, he said he would hear her application and any issue of transfer of the matter to another list could be addressed later.
Ms O'Neill said her challenge was on grounds including alleged failure to consider flooding risk issues and other issues, including under the Habitats Directive, including effects on protected bat species and species of birds.
The Premier Square apartment complex, located to the south-east of the development site, has height variations of between five and seven storeys but does not overlook any of the two-storey dwellings nearby, the residents say.
The Glenhill housing estate, comprising two-storey houses with gardens, is north-east of the site and it is claimed those properties will be overlooked by the proposed development and that residents will not be able to enjoy any part of their open space.
In court documents, Ms O'Neill, a public servant, said she was representing herself and some 120 objectors to the proposed development who are concerned they will be materially affected by it.
She claims the development has been classified as a strategic housing development which, it is claimed, materially contravenes Dublin City Development Plan and Local Area Plans.
It is alleged the Board, in granting permission, acted contrary to the Planning and Development Acts, EC Regulations on assessment and management of flooding risks and flooding planning guidelines for local authorities.
It is also claimed the Board acted contrary to Urban Development and Building Height Guidelines and to guidelines on design standards for new apartments.
It is further claimed that broadband and telecommunications services of residents and local businesses will be impacted by the height of the development.