The High Court has quashed planning permission for a 10-storey apartment development on the Circle K site in Donnybrook after finding that An Bord Pleanála failed to properly address Dublin City's public open-space policy.
Red Rock Donnybrook Ltd originally sought permission to demolish the service station at the junction of Donnybrook Road and Brookvale Road and build a 12-storey mixed-use block containing 84 Build to Rent apartments, commercial units and associated works.
Dublin City Council refused permission in April 2021, citing issues including excessive height and mass, insufficient car parking and potential interference with future public transport infrastructure.
On appeal, the developer maintained that the 12-storey scheme should be permitted but supplied an alternative design reducing the building to 10 storeys and 67 apartments. An Bord Pleanála granted permission for that modified scheme on August 10, 2022, despite its inspector recommending refusal.
Eglinton Residents Association and David Clarke challenged the decision.
Ms Justice Emily Farrell rejected their argument that the Board lacked jurisdiction because the modified plans amounted to a new planning application. She held that the appeal remained an appeal against refusal of the original proposal and that the Board could impose conditions adopting modifications which did not fundamentally change the development.
The challenge succeeded, however, on the separate issue of public open space. The Dublin City Development Plan required residential schemes to provide 10% public open space or, where appropriate, a financial contribution instead.
The permitted development provided no public open space and the Board imposed no contribution specifically in lieu of it. Farrell J. found no evidence that the Board had properly considered and consciously departed from that policy.
The court also found that the Board had breached a statutory requirement to make the full planning file available for inspection within three days of its decision.
The August 2022 permission was quashed, with the residents provisionally entitled to their costs.