High Court quashes permission for 318 student bed spaces in Limerick

Court heard An Bord Pleanála was no longer contesting challenge by environmental group to its decision last February to approve Punches Cross scheme

The scheme proposed for Punches Cross comprised 68 student apartments, containing 318 bed spaces, and 30 build-to-rent apartments.

Court orders have been made quashing permission for the development of more than 300 student bed spaces in Co Limerick after An Bord Pleanála conceded in a legal challenge on the matter.

The scheme proposed for Punches Cross comprised 68 student apartments, containing 318 bed spaces, and 30 build-to-rent apartments.

The High Court heard on Monday the planning authority was no longer contesting a challenge to its decision last February to approve the project. No reason was given to the court for the concession.

This is the second time permission for Cloncaragh Investments Ltd to build apartments at this 0.77-hectare site has been overturned in a judicial review action brought by Limerick-based environmental group Environmental Trust Ireland (ETI).

The first approval was given in August 2021 for 100 units. It was overturned in October 2022 after the High Court found the board had failed to send the local council ETI’s 100-page submission on the development within the required time limit.

The board’s delay in sending the submission caused the chief executive of the council to submit his report to the planning authority without referencing ETI’s points.

An earlier application for virtually the same development by Cloncaragh was refused in 2019 because the board was not satisfied then, beyond reasonable scientific doubt, that it would not negatively affect the integrity of various legally-protected areas nearby.

On Monday, barrister Alan Doyle, instructed by Hayes Solicitors, told the High Court the February 2023 decision was no longer being contested by An Bord Pleanála.

Mr Doyle, for ETI, said there was no request for the planning application to be remitted for fresh consideration by the board.

Mr Justice Richard Humphreys made orders quashing the permission and granting ETI its legal costs against the board.

Cloncaragh was a notice party in ETI’s action against the board, Limerick City and County Council, Ireland and the Attorney General.

ETI had based its action on various domestic and EU law grounds, including claims the proposal materially contravenes provisions of the local development plan in relation to building height and that environmental assessments conducted were insufficient.