Ardstone Capital is threatening Dublin City Council with legal action over a likely zoning mix-up in the capital's upmarket Ranelagh suburb.
In December planners gave Ardstone-owned Sandford Living permission to build 667 apartments on land at Milltown Park that had belonged to the Jesuit Order of Catholic priests, owner of nearby fee-paying Gonzaga College.
However, Dublin City Council’s draft development plan zones the Ranelagh site Z15, effectively blocking the project, as this bans anyone other than an institution from building in areas with this designation.
Sandford’s advisers, Thornton O’Connor Town Planning, ask the council in a submission to rectify the Z15 zoning, which they say is an error.
“However, if this is not the case, we are instructed to advise you that our client will have no option but to bring judicial review proceedings,” the planning advisers warn.
Their submission adds that Sandford has high-profile lawyers Arthur Cox on standby to advise on legal action.
A judicial review requires a High Court judge to scrutinise rulings or other actions taken by public bodies to ensure that they have followed proper procedures and have not breached legal or other rights.
Thornton O’Connor stress that while the builder does not want to go to court, the Z15 zoning and “effective sterilisation” of the Ranelagh site “constitute an unlawful and unconstitutional” breach of Sandford’s property rights.
Two challenges
Their submission notes that Dublin City Council lost two such challenges brought against Z15 zoning decisions in its 2011-2017 development plan.
An Bord Pleanála granted Sandford permission to build the apartments on December 23rd under a fast-track scheme for new homes.
Both the planning body and Dublin City Council backed the proposal, despite strong local opposition, as it was for new housing.
“This permission was granted less than eight weeks ago,” says Thornton O’Connor’s submission, which is dated February 14th.
Dublin City Council’s draft development plan proposes altering what Z15 zoning permits.
The document limits it to institutional development, which means that only organisations such as religious orders using the property for their own purposes can build there.
In the 2016-2022 development plan, Z15 allowed new home building and other development, along with institutional use.
Jesuit sale
Milltown Park was part of Jesuit-owned Gonzaga before the order sold it to Ardstone for €65 million in 2019. The private school and its grounds are next to the Sandford Living property.
The order has kept land to the south of the development site to allow for its own future needs.
Real estate agents highlighted the zoning, which allowed residential building, as a key attraction to likely buyers when the site came on the market.
Thornton O’Connor argues that Dublin City Council should zone Sandford’s property as Z12, which is institutional land with future development potential.
Dublin City Council did not respond to a request for a comment on Tuesday.
