Courts / Dublin / Report

Company challenges proposed Dublin housing development

Date
2020-10-22

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

Starrs Holdings Ltd has initiated High Court proceedings against An Bord Pleanala to challenge planning permission granted last August to Lulani Dalguise Ltd for a 300-unit housing development in Monkstown, south County Dublin. The proposed project includes eight apartment blocks ranging from five to nine storeys, 22 houses, the conversion of Dalguise House into two dwellings, and a creche on a three-hectare site near Monkstown Village. The applicant, represented by Neil Steen SC and Niall Handy BL, alleges the permission is flawed due to breaches of fair procedures, specifically regarding post-grant agreements on road traffic issues. It is claimed that the board failed to adequately address objections, ignored errors in traffic documentation, and irrationally assumed access across third-party lands without legal agreements. Additionally, the applicant argues that pre-construction works would breach the EU Habitats Directive by disturbing protected bat and heron populations. Ms Justice Niamh Hyland granted permission to bring the challenge and admitted the action to the Strategic Infrastructure Developments list. She imposed a stay on pre-construction works but granted the developer liberty to seek to lift this stay on notice to the applicant. The developer is a notice party to the proceedings.