O’Flynn Capital Partners, chaired by developer Michael O’Flynn, has brought judicial review proceedings against the local authority’s refusal to give the go-ahead to development at Beech Park, Bray Rd, Cabinteely, Co Dublin, which is close to the N11 dual carriageway.
The proposed development involves the construction of 164 residential units and the demolition of 11 existing units on a 5.3 hectare site.
It also involves the construction of a roadway, known as the Druid Glen Road, which will link up with the N11.
O’Flynn Capital Partners will ask for declarations from the court including the quashing of the council’s refusal.
The developer also wants an order remitting the council’s decision to be referred back to it for further consideration.
Mr O’Flynn told the court in an affidavit he was concerned with the manner in which the council dealt with his planning application.
Yesterday in the High Court, Rory Mulcahy, counsel for O’Flynn’s company, said that on July 31 planning permission had been refused for several reasons.
The local authority had claimed the proposed development had not given sufficient regard the local Cherrywood Planning Scheme which formed part of a government-designated Strategic Development Zone where only specified types of development was permitted.
Counsel said it was the company’s case Dun Laoghaire-Rathdown County Council had erred in law in its interpretation of the scheme and the company rejected the suggestion that its proposal was not consistent with the scheme.
Permission to bring the judicial review proceedings was granted, on an ex-parte basis, by Mr Justice Anthony Hunt, who made the action returnable to a date in November.