Courts / Ireland / Report

Company challenges rezoning of lands to include residential use

Date
2020-05-11
Stage
Hearing Or Decision

Summary

Pat O'Donnell and Company, a plant machinery supplier, has filed a High Court challenge against Dublin City Council's decision to rezone land at Chapelizod Bypass/Kylemore Road from industrial to mixed commercial and residential use. The company argues the council's variation of its development plan is flawed, was made without proper hearing, and lacks adequate reasons. It claims the change from industrial to mixed use is not a minor modification and that the council failed to comply with EU law by not conducting an Appropriate Assessment or Strategic Environmental Assessment. The company seeks an order quashing the rezoning, declarations that the decision was unlawful and breached the 2000 Planning and Development Act, and fair procedure. Uniphar Group Plc, which owns part of the land, is a notice party. Mr Justice Michael Twomey granted permission ex‑parte and stayed the council's decision pending further court orders. The case will return to court next month.

Who, what, where, when and why

What: Report matter: Company challenges rezoning of lands to include residential use. Procedural stage: hearing_or_decision

When:

Case subjects

Appropriate Assessment

Applicant

Chapelizod Bypass

Applicant

Strategic Environmental Assessment

Applicant

Places mentioned

Court Venue
  • High Court
Secondary Mention
Address Area
  • Kylemore Road

Topics

Stage Hearing Or Decision

Read the original CNI report

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