Dún Laoghaire-Rathdown County Council has been ordered to repay €526,120.97 to Hibernia Real Estate Group following a High Court dispute over development contributions for a 213-apartment block at Wyckham Point in Ballinteer.
Ms Justice Emily Farrell ruled on March 27 that Block 3 was not a “house” or collection of houses within the Planning and Development Act 2000 when Hibernia acquired it on November 12, 2014. That finding entitled the company to have its development contributions calculated under a later, reduced contribution scheme.
Planning permission for the block had originally been granted in 2006. When Hibernia bought the property from a receiver, however, construction remained substantially incomplete. Unchallenged evidence described the development as being at “grey box” stage. The structural shell existed, but apartments lacked completed internal walls, working services and other elements necessary for occupation.
The legal issue turned on an unusually broad statutory definition of “house”. The Act includes not only conventional houses but apartments and buildings designed for two or more dwellings.
The council argued that because Block 3 had been designed for 213 apartments, it already qualified despite being unfinished. Hibernia argued that the structure had to have reached a stage where it was capable of being occupied as a dwelling.
The court accepted Hibernia's interpretation. Ms Justice Farrell held that the words referring to a building designed for two or more dwellings could not be separated from the underlying concept of a dwelling. Design alone was insufficient where the building remained incapable of residential occupation.
The ruling determines the repayment claim. The parties had agreed that if Hibernia succeeded on that interpretation, €526,120.97 was repayable. Hibernia was also presumptively entitled to its legal costs, although either side could seek a different costs order by filing submissions by April 20, 2026.