Builder Ardstone faces a third legal challenge to its efforts to build new homes on a site it bought seven years ago for around €69 million.
Planning appeals body An Coimisiún Pleanála gave the company permission to build 562 dwellings, including 56 social homes, at Milltown Park, Sandford Road, Dublin 6, in August.
But local group Cherryfield Residents’ Association and Dermot Murphy have asked the High Court to review the planners’ decision, saying it was invalid on several grounds, including that it contravened the Dublin City Development Plan.
This latest challenge is the third legal action taken by the organisation against different Ardstone proposals for the site.
RM Block
It follows appeals against permission given Ardstone to build 667 dwellings there in 2021 and then to a revised application for 636 homes, which the commission allowed in 2023.
Cherryfield residents’ challenges to those earlier permissions at the site are continuing and at different points in the State’s legal and planning processes.
This leaves it open to the courts or the commission to allow either of those larger developments.
[ A 10-acre site in Dublin 6 exposes the depth of Ireland’s planning paralysisOpens in new window ]
Branding news of a fresh judicial review bid “deeply frustrating”, senior Ardstone director Mark Forrest said the proceeding was the only thing stopping the company from starting work on the new homes.
“We have revised the proposals to address concerns raised during the planning process, reducing the number of homes and building heights, and increasing separation from neighbouring properties,” he said.
Why is motor insurance so expensive in Ireland?
“This reflects our commitment to bringing forward a considered development that contributes positively to the surrounding area.”
Ardstone has spent seven years working to bring new homes to Milltown Park, Forrest said.
Planners approved the company’s three applications, but residents have sought judicial reviews of each decision.
The developer has cut the number of apartments it proposes to build in each of the three applications, from 667 originally to 562 this year.
Judicial reviews involve a High Court judge scrutinising decisions of public bodies or lower courts to ensure these conform with the law and follow proper procedures.
Cherryfield Residents’ Association says the commission’s August decision is invalid as Ardstone’s proposals breach provisions governing density as set out in the Dublin City Development Plan.
The group’s lawyers argued in court documents that the planning body reached a conclusion “contrary” to those provisions and/or misinterpreted them.
Ardstone is one of Ireland’s biggest property investment and development companies. Backers include the State’s Ireland Strategic Investment Fund, which has placed €100 million with the business.
The builder bought the site in Milltown in 2019 for a reported €69 million.
It got planning permission for 667 apartments in 2021. Following the residents’ challenge, the High Court sent the issue back to An Bord Pleanála – now the commission – where it is awaiting a new decision.
The High Court is due to set a date for the judicial review of the 2023 grant of planning permission at some point this year.
Dublin City Council approved the current plan, for 562 dwellings, in April.
