Courts / Dublin / Report

Permission for 300 apartments and homes in south Dublin is quashed

Date
2022-05-31
Stage
Hearing Or Decision
Primary locality
Dublin
County
Dublin

Summary

The High Court has quashed An Bord Pleanála's decision to grant planning permission for 300 apartments and housing units in Monkstown, south Dublin. In a judgment delivered on Tuesday, Mr Justice David Holland found that the board erred in accepting the developer's Environmental Impact Assessment (EIA) Screening Report, which failed to adequately describe the development's environmental effects. Consequently, the board could not lawfully determine that a full EIA was unnecessary. The judicial review was brought by the Monkstown Road Residents Association and three individual applicants: James Barry, a retired Dublin city sheriff; Bairbre Stewart, a chartered accountant; and Christopher Craig, a social entrepreneur. They challenged the permission granted to Lulani Dalguise Ltd for eight apartment blocks and 22 houses on a 3.6-hectare site at Dalguise House. The applicants alleged errors regarding the EU Habitats Directive, bathing water quality, and building height guidelines. While the court dismissed most other grounds, it held that the board failed to provide adequate reasons for finding insignificant effects on cultural heritage and improperly relied on specific planning policy requirements concerning height. The judge confirmed that the proposed development materially contravened Dun Laoghaire Rathdown's building height policy. The permission was therefore quashed, and the matter is concluded with this decision.

Who, what, where, when and why

What: Report matter: Permission for 300 apartments and homes in south Dublin is quashed. Procedural stage: hearing_or_decision

When:

Case subjects

Bairbre Stewart

Applicant

Christopher Craig

Applicant

James Barry

Applicant

Places mentioned

Court Venue
  • The High Court
Secondary Mention
Address Area
  • Monkstown Road
Residence
  • Richmond Park
  • Clifton Terrace
  • Belgrave Terrace
Facility
  • Dalguise House

Topics

Stage Hearing Or Decision

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