Michael O’Flynn wins High Court planning challenge for homes

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Michael O’Flynn’s company won its High Court planning challenge over 164 proposed homes in Cabinteely, with the outcome reported on 23 September 2016. The development is in south Dublin.

Mr Justice Robert Haughton quashed Dún Laoghaire-Rathdown County Council’s refusal in its entirety, allowing O’Flynn Capital Partners to submit a fresh application for the €75 million project. The council said it would not appeal, leaving the company free to seek renewed planning permission.

The court found that the council had misconstrued and misapplied its planning scheme, failed to give adequate reasons on ecological grounds and either considered irrelevant matters or acted with an improper motive. The report said the case concerned access to the proposed Druid’s Glen Road and the council’s requirement that the developer address wider access arrangements.