Courts / Dublin / Report

Development firms challenge DCC's new basement policy

Summary

Two development companies, Ingaro Limited and May Property Holdings Limited, have taken the High Court to challenge a new basement policy introduced by Dublin City Council (DCC). The firms argue that the policy, which requires a 0.5‑metre clearance between the site boundary and the outer extent of any proposed basement, could reduce the floor area of their projects by 10 % to 14 %. They claim DCC failed to vary its 2016‑2022 Development Plan, did not identify the legislative power used, and did not conduct public consultation or provide adequate reasons for the policy. Represented by Jarlath Fitzsimons SC, the companies allege that DCC acted unlawfully and irrationally, breaching their rights. They seek orders to quash DCC's decision, a declaration of legal error, and a stay on the policy's application to their planning applications. Mr Justice Charles Meenan granted permission on an ex‑parte basis and allowed a stay pending further proceedings, which were adjourned to late May.

Who, what, where, when and why

What: Report matter: Development firms challenge DCC's new basement policy. Procedural stage: hearing_or_decision

When:

• January 31st Other
• 2020-03-16 Publication

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Related court reports

• 'Brilliant law academic' who stabbed elderly father to death found not guilty of murder by reason of insanity
• 'He told me he loved me, but I just kept stabbing him' - lawyer on trial accused of murdering father
• Mentally ill man who received suspended sentence for harassing barrister contacted her within days of release, court hears
• Former solicitor at prestigious firm pleads not guilty to murdering father by reason of insanity
• Sentence adjourned for broadcaster Brendan Courtney's attacker
• 'I'm going to kill you' - Carjacker held knife to elderly woman's throat

Read the original CNI report