The High Court has refused four residents’ application to quash Dublin City Council’s approval of a 61-apartment development and associated public-realm works at Croke Villas, near Croke Park. The court found that the council had properly considered the environmental assessment question and that its Chief Executive’s report adequately addressed the issues raised by residents.
The judgment, delivered by Ms Justice Pilkington on 10 July 2020, concerned a Part 8 local-authority development proposal covering Croke Villas, Sackville Avenue, Ardilaun Square, Ardilaun Road and Sackville Gardens. The plans included two apartment blocks, an underground car park, street works and an extension of Sackville Gardens towards Ardilaun Square.
The residents’ principal concern was the effect on Sackville Gardens, a narrow cul-de-sac of six late Victorian houses where most of them lived. Under the proposal, the extended route would be for pedestrians, with retractable bollards restricting vehicle access. It would also serve as an emergency route to Croke Park on event days.
The applicants argued that the council’s Chief Executive had not adequately assessed their submissions and that the development should have been screened for an Environmental Impact Assessment (EIA), including alongside other nearby projects. The council maintained that EIA screening had been considered before the Part 8 application was lodged and that the development, including cumulatively with other projects, did not require an EIA.
The judge accepted the council’s evidence on screening. She said the relevant averments were uncontroverted and found that the appropriate screening procedure had been considered and that an EIA was not required. She also concluded that the Chief Executive’s report, read as a whole, fairly and properly considered the matters raised by residents.
On traffic management, the court accepted the council’s position on how Sackville Gardens would operate and found no legal evidence that the proposed roadway width was impermissible. The judge also rejected the argument that leaving event-day traffic management to An Garda Síochána and the GAA amounted to an abdication of the council’s responsibility.
The court refused the requested orders to quash the council’s decision and the Chief Executive’s report, and declined the related declarations, including that the scheme required an EIA. The applicants had stopped relying on their separate claim concerning appropriate assessment. The judgment did not resolve the request concerning section 50B costs; the judge said that matter, and any other consequential orders, would be considered after the parties had an opportunity to review the judgment.