Developer takes judicial review over planning refusal for apartments in Cork

Housing Minister Darragh O'Brien said the terms of reference 'are nearing finalisation' and 'in a matter of days we will publish them'. File picture: Gareth Chaney/Collins

A property developer refused permission to build 191 apartments in Cork city has taken High Court action against An Bord Pleanála (ABP).

Eichsfeld Limited lodged judicial review papers with the court on Wednesday. While Eichsfeld declined to comment on the nature of the action, it is believed to relate to ABP’s decision in March to refuse permission for the aforementioned strategic housing development at Pope’s Hill in Blackpool.

It subsequently emerged that the deputy chair of ABP Paul Hyde, who voted on that decision, part-owns a plot of land adjacent to the Pope’s Hill site, which potentially represents a conflict of interest on his part.

Mr Hyde failed to declare that property in his annual declaration of interests filed in January. While he has not responded to media requests for comment on the matter, he strenuously denied any conflict of interest regarding rulings he had made in letters written in April to the Minister for Housing, Darragh O’Brien, and to the secretary of ABP.

A judicial review is a legal case which questions the appropriateness of a decision or action delivered by a Government department or statutory body. While the majority of judicial review actions taken against ABP call for a granting of permission to be overturned, the opposite is the case with Eichsfeld’s action.

ABP had not responded to a request for comment at the time of publication.

Conflict of interest inquiry

Separately, the terms of reference of a Government-commissioned inquiry into allegations of a conflict of interest at An Bord Pleanála will be published “in a matter of days”, the Dáil has heard.

Housing Minister, Darragh O’Brien, told the Opposition that he takes any allegations such as the ones that have been made “very seriously”. He said the terms of reference "are nearing finalisation" and "in a matter of days we will publish them”.

"I don't want this to drag on," he said, but added he wants to see it resolved in an "efficient and expeditious manner”. “I will not make any further comment pending the outcome of that investigation,” he said.

That inquiry is to be helmed by senior counsel Remy Farrell. The Office of the Planning Regulator has written to the chairperson of ABP asking that they "outline systems and procedures in place to ensure effective compliance of all statutory duties,” Mr O’Brien said.

Sinn Féin's Housing spokesman, Eoin Ó Broin, said ABP needs the confidence of the public to function. He said that confidence has been eroded over the past number of years as a result of controversial decisions.

Mr Ó Broin expressed his full support for the minister "in expediting the matter", and asked if the terms of reference "will cover all the allegations in the public domain".

"I can assure you that they will be,” the minister responded.