Courts / Cork / Report

Challenge to Cork student accommodation

Date
2020-12-17

Stage
Hearing Or Decision

Primary locality
Cork City

County
Cork

Summary

The High Court has granted permission for the Orchard Road and Grove Planning and Environmental Protection Group to challenge An Bord Pleanala's decision to grant planning permission for a 216-bed student accommodation development in Cork City. The applicant, representing local residents, alleges that the board's October 19 decision is flawed and breaches fair procedures. Specific claims include a failure to properly assess impacts on protected natural sites, an erroneous finding regarding minimal loading on a local wastewater treatment plant, and incompatibility of pre-planning consultation with EU Environmental Impact Assessment directives. The group further asserts that the development contravenes the Cork City Development Plan and that the Health Service Executive was not duly notified. The applicant seeks to quash the board's decision and obtain a declaration that certain consultation procedures under the 2000 Planning and Development Act and the 2016 Residential Tenancies Act are invalid. The respondents include the Minister for Housing, Local Government and Heritage, Ireland, and the Attorney General, while Denis O'Brien Developments Cork Ltd is a notice party. Mr Justice Richard Humphreys, managing the strategic infrastructure development and commercial planning list, granted the application for leave to bring the action. The matter was adjourned to a date next month.

Who, what, where, when and why

What: Report matter: Challenge to Cork student accommodation. Procedural stage: hearing_or_decision

When:

October 19th Hearing Or Sentence
2020-12-17 Publication

Why: It also claims that the pre-planning consultation process provided for by the State is incompatible with EU directives on Environmental Impact Assessments (EIA) because public participation in the process is excluded. CNI source report