Property mogul Michael O'Flynn's plans for €75m residential development in south Dublin clears hurdle
Published 23/09/2016 | 14:39
DUN LAOGHAIRE Rathdown Council will not appeal a High Court ruling overturning its refusal to grant planning permission to a company of property developer Michael O'Flynn for a €75m residential development in South County Dublin.
O'Flynn Capital Partners (OFCP), whose founder is Mr O'Flynn, had challenged local authority’s July 31 2015 refusal for 164 residential units at Beech Park, Bray Road, Cabinteely/Loughlinstown.
Mr Justice Robert Haughton quashed the council's decision "in its entirety" stating that the developer could submit a fresh application for the project.
The case was mentioned before Judge Haughton today when David Holland SC, counsel for OFCP, said the fact there would be no appeal by the Council to the court of appeal was welcomed by his client.
The case centred on the proposed new Druid’s Glen Road which leads to OFCP’s site from the nearby N11. The company claimed the council wanted it to build the proposed road in order to give rivals access to its land.
OFCP argued that it was not obliged to do this and that Dún Laoghaire Rathdown’s strategic plan for the area provided that all developers involved should build their own sections of the road.
The court found the council misconstrued and misapplied the terms of its own planning scheme and either had an improper motive for doing so or had taken irrelevant matters into consideration and failed to give adequate reasons for its decision.
Judge Haughton found that the council’s “real motive” for refusing permission was either to oblige OFCP to apply jointly for permission to build the entire Druid’s Glen Road or force it to reach agreement with other landowners on how they could access their properties.
The court also found that the ecological grounds for refusing permission were invalid because the council had failed to state its reasons and considerations behind this which planning law obliged it to do.
The judge adjourned other “housekeeping” matters to early in October.