Courts / Dublin / Report
Killiney residents can proceed with challenge against planning permission for 255 homes
Summary
A High Court judge dismissed a motion by Atlas GP Limited to set aside a December decision that granted Killiney residents leave to challenge An Bord Pleanála's planning permission for 255 homes on Church Road. The residents, represented by Stephen Dodd SC and Eoin Brady, argue the development fails to meet public space requirements and that the board acted beyond its powers, relying on inadequate environmental surveys and breaching EU directives. Atlas, a notice party, also sought to prevent the residents from amending their challenge grounds and to restrain any disinterested party from intervening. The judge rejected these motions, stating the residents' standing was not delegitimised by their subjective attitudes and that the case may ultimately fail but remains legitimate. Atlas has also pursued separate injunctions and defamation claims against the residents, which the judge noted could be viewed as SLAPP litigation but could not confirm. The residents continue their judicial review against An Bord Pleanála and the Attorney General.
Who, what, where, when and why
What: Report matter: Killiney residents can proceed with challenge against planning permission for 255 homes. Procedural stage: hearing_or_decision
When:
- November 2000 Other
- 2022-04-28 Publication
Why: In his decision, the judge noted that the residents claim those proceedings amount to SLAPP litigation, which is a strategic lawsuit against public participation where cases are brought in order to silence critics until they abandon their claims. CNI source report
Places mentioned
Topics
Related court reports
- Man charged with having 56k child abuse images and videos remanded on bail
- Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
- Mater must pay €10k to worker who said he was wrongly accused of abusing patient
- 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
- Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
- 77-year-old with 470 convictions told Luas staff to 'f**k off'
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request