Developers mount legal challenge over planning refusal to build Dublin housing develoment

By Ann O'Loughlin

A company of developer John O'Flynn has brought a legal challenge against An Bord Pleanala's refusal to grant planning permission for 34 houses and a roadway in South County Dublin.

The site forms part of overall proposals by O'Flynn Capital Partners to develop lands in Cabinteely, Dublin, for housing.

The case, brought by O'Flynn Capital Partners against the Bord, was admitted to the fast track Commercial Court list today by Mr Justice Brian McGovern.

The company wants the court to quash An Board Pleanala's decision of July 17 last to refuse permission for the demolition of six properties, the construction of 34 residential units and associated works including the construction of an access road to a proposed development located at Beech Park Bray Road, Cabinteely, Dublin 18.

The company had previously obtained planing permission from Dun Laoghaire-Rathdown County Council for the development, which was appealed to An Bord Pleanala.

It is claimed that some of the proposed development, namely part of the road, is located within a strategic development zone under the Cherrywood Planning Scheme.

The other part of the proposed development, the rest of the road and the residential units, are located in an area subjected to the 2016-2022 Dun Laoghaire Rathdown Development Plan.

The company has brought the challenge on grounds including that no appeal can be made to the board in relation to the part of the proposed development contained within the Cherrywood Planning Scheme.

A second ground of the challenge relates to the Bord's decision that the section of the road outside of the planning scheme area materially convenes the local development plan for Dun Laoghaire-Rathdown.

This is disputed by O'Flynn Capital Partners on grounds including that the Bord erred in law, took irrelevant matters into consideration and the decision is unreasonable.

The company says it will suffer financial losses if the project cannot succeed.

It has already spent some €15m on acquiring lands and planning fees.

Construction costs are estimated to be an additional €50m.

Should the project go ahead some 240 jobs will be created.

Dun Laoghaire-Rathdown County Council are one of several notice parties to the action.

The case will return before the court in November.

It is the second time Mr O'Flynn's company has brought High Court proceedings in relation to its proposals to develop housing in Cabinteely.

In 2016, the court ruled that the Council’s decision to refuse the company permission to build 164 homes in the area was unlawful.