Community group challenges Dublin fishing harbour development over flooding concerns

A community group has launched a High Court challenge aimed at overturning a decision of An Bord Pleanála to grant planning permission for a development at a South County Dublin fishing harbour.

The action has been brought by Bullock Harbour Preservation Association over a decision by the planning authority to give the go-ahead for the development at Bullock Harbour, in Dalkey, Co Dublin.

The proposed development will consist of two apartments, three detached houses, a marine leisure centre, a cafe, changing rooms and a public square.

The site has been subject to planning applications to Dun Laoghaire Rathdown County Council, which were refused. The second refusal was appealed to An Bord Pleanala in 2018, which in June granted permission for the proposed development.

The association, represented in court by John Kenny Bl instructed by solicitor Fred Logue, claims the decision is flawed on a number of grounds and should be set aside.

Counsel said that the action is being brought on grounds including that an Environmental Impact Assessment EIA was not carried out by the board before it decided to grant permission.

In addition, the board did not take into account evidence submitted by the group in regards to potential flooding at the site, counsel said.

Counsel said that a report had previously been submitted as part of the planning process in regards to flooding at the site which was hopelessly inadequate and were demonstrably incorrect by a factor of nearly 1000.

Counsel said that the association had been provided with expert evidence to show that the site could be flooded with "enough water to fill two-and-a-half Olympic-sized swimming pools".

In addition, counsel said that surveys carried out as part of the planning process about the presence of two species of bats in the immediate vicinity of the harbour and the development site was not properly considered by An Bord Pleanala.

In its judicial review proceedings against An Bord Pleanála, the association seeks various reliefs including an order quashing the board's decision of June 28 last granting permission for the development.

The association also seeks various declarations from the court, including that the board erred in law by failing to conduct an EIA, and that the board failed to consider the impact that the development will have on local bats species.

The association further seeks a declaration that the board also erred by granting planning permission on a site known to be subject to flooding, and failed to give adequate reasoning for its decision.

The proposed developer, Bartra Property (Dublin) Limited, is a notice party to the proceedings.

Permission to bring the challenge was granted, on an ex parte basis, by Mr Justice Seamus Noonan. The case will come back before the court in December.