Raymond Duggan brings High Court challenge to Shanakiel redevelopment

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

Raymond Duggan’s High Court challenge to An Bord Pleanála’s approval of redevelopment at Shanakiel Hospital in Cork was made returnable to a date in March. The proceedings were reported on 27 January 2015.

The board approved the scheme in December. Permission covered restoring Shanakiel House as a standalone building for residential or medical/consulting use, alongside two detached homes. Demolition plans covered the former hospital, stables dating to the 1700s and ancillary buildings.

Mr Duggan owns adjoining property and wants the planning decision quashed. He claims the buildings facing demolition are protected structures. While the board recognised Shanakiel House as protected, his case is that this protection also encompasses the other structures.

His counsel, Stephen Dodd, argued that the board had made a legal error by failing to consider the definition of a protected structure under the 2000 Planning and Development Act. Counsel said demolition of part of a protected structure required exceptional circumstances, which the board had not advanced.

Mr Duggan also seeks declarations alleging failures to observe fair procedures and constitutional justice. Cork City Council and the proposed developer, Progressive Commercial Construction Ltd, are notice parties.

Counsel said an inspector had questioned the scale and positioning of a proposed house in relation to Mr Duggan’s home. The inspector recommended a northward move of 7m, but counsel said the board declined the recommendations without explaining why.