Court challenge to planning refusal for crematorium

A High Court challenge has been launched against An Bord Pleanála’s refusal to grant permission for a crematorium and burial grounds in south Co Dublin.

Hantise Ltd and Ashman Properties Ltd sought permission to construct a crematorium and graveyard at a 3.64-hectare site they own at Kilternan.

In June, An Bord Pleanála upheld a decision by Dún Laoghaire-Rathdown County Council to refuse permission for the proposed development, that includes more than 1,600 burial plots, a building with two cremators with a place for prayer, an urn and ash burial area, and remembrance walls. The board found that the proposed development was contrary to the proper planning and sustainable development of the area.

The developers, represented by Eamon Galligan SC, say the board did not afford them fair procedures in arriving at its decision to refuse permission.

They claim they were not allowed to comment on or make submissions on two reports relied upon by a senior planning inspector with the board, who recommended that permission be refused. They also allege the inspector’s findings are not fair or accurate and contain errors in fact.

The companies, both of The Herbert Building, The Park, Carrickmines, Dublin 18, are seeking orders from the court quashing the board’s decision of Jun 29 last, refusing planning permission for the development of a burial ground and crematorium park at Ballycorus Rd, Kilternan, Dublin.

They are also seeking an order that its application be remitted back to the board, where it would be assessed by a senior planning inspector.

They also want the remitted application heard by a panel or division of the board comprised of persons other than those who refused their application. Dún Laoghaire-Rathdown County Council is a notice party to the proceedings.