Courts / Dublin / Report

Dispute over €130m housing scheme admitted to fast-track list

Date
2020-07-20

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

The High Court has admitted a judicial review challenge to the fast-track Commercial Court list regarding a €130m housing development in South Dublin. Ms Orla Fitzgerald, an applicant residing near the proposed site, is challenging a decision by Dun Laoghaire Rathdown Co Council to grant planning permission to developer Tudor Homes Ltd. The project involves 367 new homes, including apartments and houses, on a 6.57-hectare site within the Cherrywood Strategic Development Zone. Ms Fitzgerald alleges the council's decision breaches EU habitats directives and Environmental Impact Assessments, and claims section 170 of the 2000 Planning and Development Act is unconstitutional. Tudor Homes, a notice party, applied for fast-track admission, citing the project's significant commercial value. Mr Justice David Barniville admitted the case to the fast-track list on Monday, with no objections from Ms Fitzgerald's legal team or the respondents. The matter was not concluded; it was adjourned and will return before the court in the autumn. This follows previous High Court proceedings where the council's earlier permission was quashed and remitted for fresh determination.