Courts / Dublin / Report

Challenge to development site that includes demolished home of 1916 leader

Date
2021-05-04

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

A South Dublin residents group, the Pembroke Road Association, has brought a judicial review before the High Court to challenge a planning permission granted to Derryroe Ltd for 105 apartments and ten apart‑hotel bedrooms on a site at 36, 38 and 40 Herbert Park Road, Ballsbridge. The site includes the demolished former home of 1916 Rising leader Michael Joseph O'Rahilly, known as 'The O'Rahilly'. The group, represented by James Devlin SC and solicitor Fred Logue, seeks an order quashing the permission, arguing that the Board failed to consider the cultural significance of the site under the Environmental Impact Assessment Directive. They also contend the development does not meet open‑space criteria in the Dublin City Development Plan, exceeds permitted height limits, and that the developer did not comply with mandatory pre‑application consultation under the Planning and Development (Housing) and Residential Tenancies Act 2016.

Who, what, where, when and why

What: Report matter: Challenge to development site that includes demolished home of 1916 leader. Procedural stage: hearing_or_decision

When:

2021-05-04 Publication

Why: In its judicial review proceedings, the residents group claims that the decision is flawed because the Board was obliged, under the EIA (Environmental Impact Assessment) Directive, to take into account sites of cultural significance such as the O'Rahilly house in conducting its screening assessment for the EIA. CNI source report