Challenges to development of 500 houses in Dublin to be fast-tracked in High Court

By Ann O'Loughlin

Legal challenges brought against a decision to grant planning permission for a development of 500 housing units near St Anne’s Park in north Dublin may be specially fast-tracked by the High Court.

Crekav Trading, part of developer Marlet, has proposed building 104 houses and 432 apartments on lands used by St Paul’s College, in Raheny as six playing pitches.

Permission for the project was granted by An Bord Pleanala in early April.

The planning application was made directly by the developer to An Bord Pleanála under a fast-track process for large housing projects, bypassing the local authority.

Earlier this week three separate applications seeking permission to bring High Court actions aimed at quashing that decision.

Today, the cases were mentioned before Mr Justice David Barniville, the judge assigned to fast-track all applications for permission to challenge decisions concerning strategic infrastructure developments.

The assignment of a judge, by High Court President Mr Justice Peter Kelly, to deal with such applications is designed to speed up the hearing of the challenges.

A Strategic Infrastructure Development (SDI) is defined as development in respect of which a direct application is made for development consent to An Bord Pleanála in accordance with the Planning and Development Act 2000 as amended.

Mr Justice Barniville said the cases, which concern a strategic housing project, might not strictly be something the SDI list was established to deal with.

However, in his view the actions did come under "the spirit" of what the SDI list was designed to hear, adding that in the long term him hearing the actions could save the parties time.

Before making any decision on the matter the judge said he would like to hear from other parties, including the Board and the developer if the cases should be admitted to the fast-track SDI list.

He adjourned the actions for a week so the sides can consider their positions in relation to the SDI list.

The actions have been brought by parties including Clonres CLG, which represents residents from the Clontarf area, environmental campaigner Peter Sweetman, and Mr John Conway and the Louth Environmental Group.

They seek various orders against An Bord Pleanala including one quashing the decision.

They also seek various declarations including that the board failed to undertake or an Appropriate Assessment on the conservation of natural habitats of wild flora and fauna, and failed to comply with the Birds directive.

The proceedings are also against, Ireland and the Attorney General and the Minister for Culture, Heritage and the Gaeltacht.

The developers are notice parties to the proceedings.

The lands the subject of the proceedings was formally owned by the Vincentian Fathers, who are the trustees of the all-boys secondary school St Paul’s College. Local sports club have also used the pitches.