A council’s plan to build 109 social homes on its own land near a Luas stop between Carrickmines and Cherrywood is the subject of a High Court challenge.
Brian Fagan, a doctor, is asking the court to find that Dún Laoghaire-Rathdown County Council cannot lawfully proceed with its proposed development of terraced houses, duplexes and apartments on Lehaunstown Lane, Laughanstown, Dublin 18.
The High Court was this week told that Dr Fagan, who lives close to the proposed build, wants to apply urgently for an order that would put a halt to the commencement of works on the site until further order or a resolution of his legal case.
A barrister representing the council said there was no “emergency” situation to spur Dr Fagan’s application for a such a pause. He said the council-owned development is “exempted development” only if work on it begins before the end of the year.
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Exempted development does not require planning permission.
The barrister said a delay until 2025 would mean the project would need to go through a planning process under part 8 of the Planning and Development Regulations. The council intends to remove a shed and begin some earth work on the site in December, he said.
The court heard the exemption applicable to this scheme comes under section 179a of the Planning and Development Act, which was introduced by Housing Minister Darragh O’Brien in March 2023.
A local authority proposing a development under section 179a must inform elected members of its intention and publicise notices of the proposal at least eight weeks before commencing works. The section also sets out various environmental screening requirements.
Mr Justice David Holland did not accept that Dr Fagan’s legal team has been “taken by surprise” by the council’s proposed timeline. He said the lawyers knew since early November that works had to begin before the end of the year.
He scheduled Dr Fagan’s application seeking a pause to the works for next Monday.
Dr Fagan, represented by barrister Christian Keeling and O’Connell & Clarke Solicitors, has brought his case against the council, Ireland and the Attorney General.
Among his claims is that the decision to proceed with the project is invalid as, he says, the development is to be constructed on lands that are not zoned for residential use. The development also does not satisfy the conditions of section 179a, he says.
A separate planning action before the High Court this week targets permission for 101 homes in Sandyford, Dublin 18.
An Bord Pleanála’s approval of this “strategic housing development” at Blackglen Road is being challenged by environmentalist John Conway, who lives on St Nicholas Avenue in Dundalk, Co Louth.
Mr Justice Holland agreed to a request by Mr Conway’s barrister, Conor Sheehan, instructed by BKC Solicitors, for the case to be adjourned for a week so that An Bord Pleanála can express a view on whether Mr Conway is entitled to be protected from having to pay its legal fees if he loses his case.
Mr Conway’s case alleges the board acted outside its powers by approving a scheme that materially contravenes the local development plan without meeting certain requirements for such a contravention.
He also alleges the planning authority misinterpreted the development plan’s requirements regarding public open space on the site.
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