The Government is facing a legal challenge to new apartment planning standards.
A judicial review has been lodged by several county councillors against the standards, which increased the number of studio apartments developers could put in a project, as well as other changes aimed at bridging a “viability gap” the Government said had stymied apartment building.
The High Court challenge has been taken by journalist and author Frank McDonald, alongside Labour’s Darragh Moriarty, the Green Party’s David Healy and Dan Boyle, and Independent councillor Pádraig McEvoy.
One senior Government source warned the move could “paralyse” apartment building, while a second said it “completely undermines the credibility” of parties whose councillors were involved in the challenge.
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It is understood the case, which begins in the High Court on Monday, will argue that a Strategic Environmental Assessment (SEA) should have been carried out for the new regulations, but was not.
The changes to the apartment standards have been criticised by Opposition politicians and Dublin city councillors, who said Dublin is at risk of becoming a “cultural wasteland” full of “small, dark” homes. The councillors last July agreed an emergency motion saying the changes represent a “developer-led race to the bottom and further reduction in minimum standards and guidelines when it comes to apartment developments”.
Legal sources suggested it could take six months to a year for the court case to be determined, although in some circumstances that could be expedited.
The new guidelines remain in effect while the legal case is ongoing, but Brendan Slattery, a partner with McCann FitzGerald specialising in planning law, said the case has the potential to have a “real chilling effect” on new development.
“Immediately, anyone with an existing permission that hadn’t commenced and who was contemplating relying on those guidelines to secure modifications will be discouraged from using that novel process,” he said.
He also said builders would be put off submitting new applications while the case was being heard, citing “too much risk”. Other legal sources suggested that if the Government lost, decisions granting permission could then be at risk of challenge.
One major property developer, speaking privately, warned they “can’t see how people would push ahead with planning now with that risk”.
None of the councillors involved in the judicial review proceedings, nor Mr McDonald, wished to comment when contacted. Mr McDonald is a former environment editor of The Irish Times.
When the new guidelines were published in July, Minister for Housing James Browne said they would be key to addressing the “urgent need to increase housing supply”. Arguing they would bring Ireland into line with European norms, he said they would result, in some cases, in an average of €50,000 to €100,000 cost reduction per unit and “will get apartment building moving”.
The guidelines removed restrictions on the mix of apartment types within a scheme. They also reduced the minimum size of a studio apartment to 32 sq m while introducing a new standard for a three-bedroom apartment of 76sq m. The guidelines permit fewer windows and lifts, and less private open space.
They reduced the percentage of apartments in a development which had to be “dual aspect” – with opening windows on two external walls – from 33 per cent to 25 per cent.
