Firm challenges 'flawed' permission for 300-unit housing development

The developers intend to build eight blocks of apartments, ranging from five to nine storeys, and 22 houses near Monkstown village.
Firm challenges 'flawed' permission for 300-unit housing development

The permission, which was granted by An Bord Pleanala last August, is challenged on various grounds including road safety, and that it will disturb protected species of bats and herons that nest in the area. File image

A company has brought High Court proceedings seeking to overturn planning permission for 300 housing units in Monkstown in south county Dublin.

The action has been brought by Starrs Holdings Ltd against An Bord Pleanala, over a permission given to developers Lulani Dalguise Ltd to build eight blocks of apartments ranging in height from five to nine storeys and 22 houses on a three-hectare site, near Monkstown village.

The development will also see the conversion of Dalguise House into two separate dwellings and a creche.

The permission, which was granted by An Bord Pleanala last August, is challenged on various grounds including road safety, and that it will disturb protected species of bats and herons that nest in the area.

Starrs Holdings Ltd, represented by Neil Steen SC, Niall Handy Bl instructed by Orpen Franks solicitors claims the permission, which it had opposed, is flawed on several grounds and should be set aside.

It is claimed that in breach of fair procedures the board has authorised the developer and the local authority to agree significant road traffic issues concerning the development after permission was granted.

It also claims that it has identified multiple errors and omissions in documentation regarding traffic in the area submitted by the developer to the board.

The board, it is claimed, failed to have sufficient regard to the applicant's objections and did not give adequate reasons for rejecting its arguments.

It is also alleged the board wrongly assumed there would be access from the proposed development across certain third-party lands.

The applicant consists of several parties that have interests in lands, including rights of way, surrounding the proposed development.

It was further submitted that pre-construction works on the site would be in breach of the EU Habitat's directive. The removal of trees and soil, it is argued, would disturb local bats and heron populations.

Permission to bring the challenge against the board was granted by Ms Justice Niamh Hyland. The developer is a notice party to the proceedings.

The action was also admitted to the High Court list dealing with Strategic Infrastructure Developments.

The judge also put a stay on any pre-construction works taking place on the site, but granted the developer liberty to seek to lift that stay on notice to the applicant.

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