By Ruth Mercer
The High Court has quashed permission for a 104-apartment development of up to 11 storeys at the junction of Grange Road and Longfield Road in Baldoyle, Dublin 13, because the planning decision failed to address a substantial shortfall in children's playground space.
Rondesere Ltd had originally sought permission for 120 apartments in an L-shaped building rising to 12 storeys on a 0.45-hectare former builders' yard. Fingal County Council refused permission in February 2024, citing concerns including scale, visual impact, parking and public open space.
On appeal, An Coimisiún Pleanála granted permission in July 2024 subject to conditions. One floor was removed, reducing the development to 104 apartments and a maximum height of 11 storeys.
Abbey Park and District Residents Association Baldoyle and local resident John Oliver McCann challenged that decision.
Mr Justice David Holland found in their favour on the playground issue. Fingal's Development Plan requires residential schemes of more than 50 units to provide playground facilities at four square metres per dwelling. The permitted 104-unit scheme therefore required 416 square metres.
The only playground proposed was a 117.1-square-metre secure play area attached to a commercial creche. The court calculated a 299-square-metre, or 72%, shortfall. Because the creche area would not ordinarily be accessible to children who were not customers, the judge estimated that about 90 children living in the development could be left without an on-site playground.
The court held that this amounted to a material contravention of Development Plan Objective DMSO68. Although the Commission had legal power in some circumstances to grant permission despite such a contravention, it could not do so without considering the issue and giving reasons.
The judgment therefore quashed the permission and sent the application back to the Commission for reconsideration.
The court did not finally determine most of the residents' other grounds concerning height, public open space and environmental assessment. It did, however, reject their separate challenge concerning the assessment of bird-collision risks.