High Court quashes permission for €130m Cherrywood housing scheme

Planning permission for a 367-home development in Cherrywood, south Dublin, has been quashed by the High Court.

High Court quashes permission for €130m Cherrywood housing scheme

Planning permission for a 367-home development in Cherrywood, south Dublin, has been quashed by the High Court.

Orla Fitzgerald, who lives beside the 16-acre site where Tudor Homes wants to construct a €130m apartment/houses scheme, had brought a challenge against Dun-Laoghaire Rathdown Co Council's planning approval last January.

On Friday, Mr Justice David Barniville remitted the matter back to the council for reconsideration. However, he said that reconsideration should only be from the time immediately before the council started its assessment after it had received further information from Tudor in December 2018.

The property is located at Brennanstown within the Cherrywood Strategic Development Zone (SDZ), a special government designation which means once a local authority grants permission there is no right of appeal to An Bord Pleanála.

Ms Fitzgerald claimed, among other things, the council gave no, or inadequate, reasons for its decision. She also claimed the council wrongly confined itself to a consideration of whether the development was consistent with the Cherrywood Planning Scheme. She said the decision was irrational and/or void for uncertainty.

The council and Tudor, as a notice party, agreed the the permission should be sent back for reconsideration from the point in time when new information was received but it should not be on the basis of restarting the entire planning process.

Mr Justice Barniville ruled the council failed to adequately record its conclusions based on its preliminary examination of the development in accordance with 2001 planning regulations requiring an environmental impact statement in cases where a development would be likely to have significant effects on the environment.

He was therefore quashing the decision and remitting it for reconsideration based on the point of time further information was received by the council during its original consideration.

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