The High Court has refused Dunnes Stores’ application for judicial review of planning permission for two extensions to The Square Shopping Centre in Tallaght and associated works, including a six-level car park.
Mr Justice Hedigan delivered judgment on 4 May 2016. The challenge concerned An Bord Pleanála’s September 2014 decision to grant permission to developer Indego, subject to 21 conditions. South Dublin County Council had granted permission earlier that year, and Dunnes Stores appealed that decision to the Board before bringing the judicial review proceedings.
The proposed northern and southern extensions had a combined gross floor area of 21,490 square metres. The plans also included a 22,861-square-metre car park and works that would produce a net increase of 432 parking spaces. Dunnes Stores, an anchor tenant at the centre, challenged the Board’s environmental impact assessment and the lawfulness of conditions 3 and 6. It no longer pursued part of its case concerning condition 2, or specified parts of condition 3.
The court rejected the challenges to the environmental impact statement and the information available to the Board. The judge said the Board was responsible for deciding whether it had enough information to assess likely significant environmental effects, and found no basis to conclude that its decision on the information was irrational. He also accepted that the Board had carried out an environmental impact assessment: its decision recorded that assessment, took account of the inspector’s report and broadly accepted its conclusions. The applicant had produced no evidence to the contrary, the judge said.
Condition 3 requires a construction management plan to be agreed in writing with the planning authority before development begins. It covers matters including phasing, traffic and parking arrangements, site facilities, construction traffic and noise and dust controls. The judge held that these were technical construction details for which flexibility was appropriate, and that the condition met the principles governing matters left for later agreement between a developer and a planning authority.
Condition 6 requires an enforceable written agreement making specified land available to the planning authority for a possible transport interchange. The judge ruled that Dunnes Stores had no sufficient interest to challenge that part of the condition. He added that it did not require a transfer of property, since the land could, for example, be made available by licence.
The court refused the reliefs sought. The judgment did not quash the planning permission.