A school in Dalkey, Co Dublin, claims noise and dust from rock breaking in an adjacent development site will interfere with its ability to provide classes for 22 special needs pupils expected to return later this month.
The board of management of St Patrick's National School has brought a High Court challenge to Dún Laoghaire Rathdown Council's decision to allow certain activities as part of its planning permission for the development of 105 apartments at Harbour Road.
Winterbook Homes Ltd got permission for the apartments from An Bord Pleanála as it was a strategic housing development which does not require to go to the local authority first. The council was however required to approve a construction management and environmental plan before construction started.
The school says the council refused to take account of information it submitted before that plan was approved. The council, it claims, said it was precluded from doing so by law.
As a result, the school is seeking court order quashing the management plan the council agreed with the developer on December 9th,2020.
It also seeks declarations as to the legal rights or legal position of the school in this situation along with an order protecting it from costs should it lose the case. It also seeks a stay on the rock breaking/excavation work pending determination of the proceedings.
On Tuesday, Mr Justice Charles Meenan granted the school permission, on a one side only represented basis, to bring the challenge and adjourned the matter to the High Court strategic infrastructure list next week. Winterbrook Homes is a notice party.
Reverend Bruce Hayes, chair of the board of management, said in an affidavit demolition works began on the site in November prior to a construction management plan being agreed. The school has a total of 102 pupils including 22 with special needs making them particularly vulnerable to noise/vibration, he said.
Noise and dust, including dust clouds from demolition work coming into the playground, were extremely disruptive to the functioning of the school and posed health risks, he said.
In December, works re-commenced and continued until early January and once again led to significant levels of noise and dust.
Correspondence followed and Rev Hayes believed from discussions with Waterbrook that it was minded to agree to limit rock breaking and excavation outside the school hours of 8.30am to 2pm on weekdays.
However, the management plan the developer agreed with the council subsequently appeared deficient in many respects including the omission facts relevant to noise mitigation measures, he said.
For example, it did not appear to take into account that under Covid-19 measures, schools have to keep their windows open, he said.
The predicted impact of noise levels, the management plan claimed, would be mitigated by the fact the school has block cavity walls. However, this did not take account of the fact that there are large windows in the school, along with the playground, facing the development site, Rev Hayes said.