Residents fail to stop planning decision on 614 units in former RTÉ lands

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Three Ailesbury Road residents, including Pat Desmond, wife of businessman Dermot Desmond, have failed to get a High Court stay preventing An Bord Pleanála deciding whether or not to grant permission for 614 residential units on former RTÉ lands close to their homes.

The Board previously agreed to consider Cairn Homes Properties Ltd application for permission under the Strategic Housing Act 2016 (SHA) but has not yet decided it. Its decision is expected next week.

The stay on the permission decision was sought pending the determination of the residents' judicial review challenge, to be heard in November, over the Board's designation of the proposed development as strategic housing under the 2016 Act.

The Act allows developers seeking permission for developments exceeding 100 units to apply directly to the Board for permission, bypassing the local housing authority.

Mr Justice Denis McDonald had last July granted leave to the residents – Mrs Desmond; former Irish Sugar managing director Chris Comerford and businessman John Gleeson - to challenge the Board's decision to deal, under the 2016 Act, with the permission application.

Their case includes claims about the validity of certain steps taken by the Board in the process leading to the SHA designation. They also claim provisions of the 2016 Act breach their rights under the Constitution and European Convention on Human Rights.

On Friday, Eileen Barrington SC, with Michael O'Donnell BL, instructed by solicitor Nap Keeling, for the residents, applied for a stay preventing the Board issuing its permission decision pending the outcome of their challenge.

The Board and Cairn Homes, respectively presented by Emily Egan SC and Rory Mulcahy SC, opposed any stay on grounds including it would defeat the core purpose of the Act, the fast-tracking of housing developments.

Having balanced the various factors, the judge concluded the greatest risk of injustice lay in granting the stay and refused it.

In their action, the residents say, immediately adjoining the rear wall of Ms Desmond's family home, and located "extremely close" to the family homes of the other two, is a property which previously formed part of the RTÉ campus in respect of which Cairn Homes wants to develop 614 residential units.

That comprises 611 apartments in nine blocks up to ten storeys high, three townhouses, two cafes, one childcare facility and a private members club and gym.

They are concerned the proposed development is of a scale and density far in excess of what is permitted under the Dublin City Development Plan and "totally out of keeping" with an area consisting of low rise Victorian or Edwardian type houses.

Their case is against the Board, the Minister for Housing, Planning and Local Government, Ireland and the Attorney General with Dublin City Council and Cairn Homes as notice parties.