Courts / Dublin / Report

South Dublin school settles action over construction concerns

Date
2021-03-08

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

A South Dublin Primary school has settled High Court proceedings it initiated concerning concerns over the impact of dust and noise from construction works near the school. The action was brought by St Patrick National School in Glenageary, Dalkey, against Dun Laoghaire-Rathdown County Council regarding the approval of a construction plan for 105 new apartments. The matter was briefly heard by Mr Justice Charles Meenan, who was informed that the case had been settled out of court and could be struck out with no order. The case arose after developer Winterbrook Homes (Harbour Road Ltd) was granted planning permission by An Bord Pleanala to build the apartments. The school raised concerns about the Construction and Environmental Management Plan (CEMP), arguing that the local authority failed to consider its submissions regarding the potential impact of dust and noise on students and staff. The school claimed the council believed it was legally precluded from considering the information. The council approved the CEMP late last year, prompting the school to bring judicial review proceedings, seeking an order to quash the decision. The developer was a notice party to the proceedings. The school expressed no issue with the planning permission but was concerned about the health and welfare of its students and staff during the construction phase, citing the need for open windows due to current health guidelines related to Covid-19.