A High Court challenge has been brought against An Bord Pleanála’s decision to grant planning permission for 227 apartments at lands in Goatstown in south Dublin.
The action has been brought by Mr Ciaran Mulloy from Woodlands Park, Blackrock, Co Dublin.
He claims that the board’s decision last March to grant permission to build the apartments at a site at Knockrabo, Mount Anville Road, Goatstown, Dublin 14 is flawed and should be set aside on grounds including that the decision breaches both domestic and European Union Laws.
Permission to develop the site was granted to Knockrabo Investments Ltd DAC.
Requirements
Mr Mulloy who is represented by John Kenny, instructed by Eoin Brady of FP Logue solicitors claims the decision contravenes the Dún Laoghaire-Rathdown county development plan, urban development and open space requirements, and building height guidelines.
The board also failed to assess public transport capacity before it decided to grant permission, he claims.
Mr Mulloy also alleges that the decision contravenes proper zoning for the area, and a protective corridor for the proposed Dublin Eastern by-pass.
It is further alleged that the board’s decision breaches the developer’s obligations to comply with the EU directive on Environmental Impact Assessments.
Reliefs
In judicial review proceedings he seeks various reliefs including an order quashing the board’s decision to give the proposed development the go-ahead.
His action is against An Bord Pleanála, Ireland and the Attorney General, and Dún Laoghaire-Rathdown Co Council.
Knockrabo Investments is a notice party to the proceedings.
The application for permission to bring the proceedings came before Mr Justice David Holland, one of the designated judges who deals with cases concerning, Strategic Housing Developments, on Friday.
The judge, on an ex-parte basis, granted Mr Mulloy leave to bring the challenge.
The judge made the matter returnable to a date in May.
