A woman is taking a High Court judicial review aimed at overturning planning permission for some 1,600 build-to-rent apartments on the site of the former Holy Cross seminary in Drumcondra in Dublin.
Mr Justice Richard Humphreys gave permission to Fionuala Sherwin, with an address on Knocksinna Grove, Foxrock, to pursue her judicial review challenge over the fast-track permission for the strategic infrastructure development. He adjourned the matter to a later date.
In her action, Ms Sherwin, who describes herself as a practising Catholic, claims An Bord Pleanála erred in law in permitting the demolition of a protected structure without considering sufficiently a relevant section of the Planning and Development Act 2000 which requires that such permission be allowed only in exceptional circumstances.
She also claims the permission of last November is invalid due to the board’s alleged failure to consider adequately or at all the status of the lands within the Record of Monuments and Places.
Protected
The applicant says the board erred in granting permission for the demolition and/or alteration of the Library Wing and the North Link Building without allegedly having any consideration for the Record of Protected Structures of the Dublin City Development Plan. She alleges that both of these wings lie within the curtilages of the main college building, which she says is a protected structure.
It is claimed the board had “no regard” for the definition of a protected structure under the 2000 Act, which stipulates this includes the structure’s interior, all fixtures and fittings forming part of its interior and exterior, lands within its curtilages, and any specified feature within the structure’s attendant grounds.
The applicant further alleges An Bord Pleanála acted beyond its powers in granting development consent that relied on the provisions of a particular section of the 2000 Act in light of the alleged material contravention of density, unity mix, building height and the built heritage and culture of the development.
Height
Also among her grounds of challenge is a claim that the board did not provide adequate reasons for a “significant breach” of the Dublin City Development Plan in relation to building height and the proportion of units that have one bedroom or less. It is claimed that more than 70 per cent of the units in the proposed development are either one-bed or studio units, while the local development plan allows for these to make up a maximum of 30 per cent of a development.
Her case is against the board, while planning applicant CWTC Multi Family ICAV is a notice party.
