High Court hears three challenges to apartments on part of GAA grounds in Dublin

Three separate High Court challenges are being brought against planning permission for 161 apartments and townhouses on part of a GAA grounds in south Dublin.

The Templeogue Synge Street GAA grounds at Dolphin Park, Crumlin, were previously owned by the Christian Brothers for the Synge Street secondary school. In 1990, they were transferred to the school's past pupils' association which later merged with Templeogue GAA to form the Templeogue Synge Street GAA club.

Kevin's GAA club also had the use of the grounds under the Christian Brothers and when the ownership transfer took place, Kevin's says it was assured it would have the same rights of use as it had in the past.

Last year, the Templeogue Synge Street club applied for permission to Dublin City Council for the residential development which it said was required to pay for the upgrade of its existing sport facilities. It included a new clubhouse and enhancements to two existing GAA pitches, floodlighting and an all-weather training facility.

Council planners refused permission saying, among other things, the development, on some 17% of the lands, would lead to the loss of the city's green infrastructure "in an area already deficient in green space."

The club appealed and last November, An Bord Pleanála granted permission.

Today, three separate parties were given leave on a one-side only represented basis by Mr Justice Charles Meenan to bring judicial review proceedings against the board over its decision. Templeogue Synge Street GAA is a notice party.

The trustees of Kevin's GAA club and film and TV producer David O'Sullivan, who lives adjacent to the entrance to the grounds at number 59, Crumlin Road, brought the first two challenges.

The third was by financial consultant Barry Carroll who the court heard lives part of the year at what had been for generations the family home at 61, Crumlin Road and who also lives in St Martin in Guernsey. Mr Carroll's company, BPAC Property Holdings (Ireland), which holds the house for his benefit, is also a plaintiff.

The court heard the grounds of the challenges include zoning, loss of green space, environmental effects and traffic hazard.

Mr O'Sullivan says the GAA property is currently accessed through a narrow road and gateway at the side of his home. He has a right of way through the laneway to the rear of his property where there is a garage with doors opening on to the laneway.

With nearly 200 car parking spaces being provided in the new development and works required to the laneway, he says he will be unable to safely access his right of way and access to the garage.

He is also concerned about overlooking of his property, loss of light and anti-social behaviour.

Kevin's GAA says while the residential element of the development would take 17% of the site, the total built area would be 30%. The club says off-pitch areas are currently used by Kevin's for nursery and hurling activities by younger teams.

It says a juvenile player could easily strike a sliotar and hit a window in the new apartments because the pitches would be so close to them. This could lead to nuisance actions against the club.

Mr Carroll, among his reasons, challenges the board's acceptance of its inspector's report that the development, although on land zoned open space, met a requirement that housing can be permitted in "highly exceptional circumstances" of limited once-off development. This was in breach of fair procedures and/or so irrational as to be unreasonable, he says.

All three challengers say the development will permanently deprive light bellied Brent Geese, which visit the site to graze during winter, of a significant amount of foraging land.

They also claim the board was in error in the conduct of an appropriate assessment of the site in compliance with the planning acts and the EU Habitats Directive. It is also claimed there are serious gaps in the assessment and in a natural impact statement for the site.

The case comes back in March.