Last month, Dun Laoghaire-Rathdown County Council refused Mr Kavanagh’s New Generation Homes planning permission for 63 new houses near Oatlands College.
The council refused planning permission after Transport Minister Shane Ross and 200 others objected to the plan.
In his objection, Mr Ross argued that the nine houses, 24 duplexes and 30 apartments would lead to a significantly increased population in Mount Merrion without factoring in the impact on schools.
“If such a development were to proceed it would place further unnecessary pressure on local schools and families,” he wrote.
“I recognise the ever-pressing need for increasing the number of available housing units in Dublin, Rathdown and the Greater Dublin region as a whole.
"However, due to these highlighted reasons, I do not feel that this planning application would assist the pursuit of sustainable development of the Stillorgan area,” he added.
In its decision, the council refused planning permission on the grounds that the development doesn’t address the retention of trees on the site and doesn’t provide for quality usable public open space areas.
The council stated that the proposal would adversely affect the sylvan character of the site and the residential and visual amenity of future occupants of the proposed development.
However, New Generation Homes — through its Balark Investments entity — has retained planning consultants, Brock McClure to lodge an appeal to An Bord Pleanála.
The Mount Merrion Residents’ Association has also appealed the decision to have the grounds for refusal strengthened.
In the appeal, Brock McClure stated that the reason for refusal is ‘unwarranted’.
It also pointed out that an examination of the existing trees on the site finds that they are of limited quality and expected lifetime and do not warrant retention.