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High Court challenge to council's refusal to grant planning permission for 164 houses






Dun Laoghaire-Rathdown County Council's refusal to grant planning permission to build 164 houses in South County Dublin is to be challenged in the High Court.

O'Flynn Capital Partners, a company chaired by well- known developer Michael O'Flynn, has brought judicial review proceedings against the local authority’s refusal to give the go ahead to development at Beech Park, Bray Road, Cabinteely, Co Dublin, which is close to the N11 dual carriageway. 

The proposed development involves the construction of 164 residential units and the demolition of 11 existing units on a 5.3 hectare site.  It also involves the construction of a roadway, known as the Druid Glen Road, which will link up with the N11.

O’Flynn Capital Partners will ask for declarations from the court including the quashing of the council's refusal.  The developer also wants an order remitting the Co Council’s decision to be referred back to it for further consideration. 

Michael O'Flynn told the court in an affidavit that he was concerned with the manner in which the council dealt with his planning application.

Today in the High Court barrister Rory Mulcahy SC, counsel for the O’Flynn’s company, said that on July 31st last planning permission had been refused for several reasons.

The local authority had claimed the proposed development had not given sufficient regard the local Cherrywood Planning Scheme which formed part of a government designated Strategic Development Zone where only specified types of development was permitted.

Mr Mulcahy said part of the proposed new road  cuts through the Cherrywood Planning Scheme area.  The O’Flynn company did not own all of the lands over which the proposed road was planned..   

Counsel said it was the company’s case that Dunlaoghaire-Rathdown County Council  had erred in law in its interpretation of the scheme and  the company rejected the suggestion that its proposal was not consistent with the scheme.

Mr Mulcahy said there was no appeal to An Bord Pleanala available to the developer in a situation where a planning authority made a finding that an application contravened such a scheme. 

He said other reasons related to flood risk assessment and design and the contention that the proposed development would adversely affect the use of the N11.

Permission to bring the judicial review proceedings was granted, on an ex-parte basis, by Mr Justice Anthony Hunt. The Judge, who said that at this stage he was satisfied that developer had made out an arguable case, made the action returnable to a date in November. 

Online Editors