Monday 21 October 2019

Property developer Michael O'Flynn challenges planning permission refusal for €75m residential development

Michael O'Flynn
Michael O'Flynn

Tim Healy

Property developer and investor Michael O'Flynn has brought a legal challenge to a refusal of planning permission for a proposed €75m residential development in south county Dublin.

O'Flynn Capital Partners (OFCP), whose founder is Mr O'Flynn, have sought a judicial review of Dun Laoghaire Rathdown Co Council's July 31 refusal for 164 residential units at Beech Park, Bray Road, Cabinteely/Loughlinstown.  

The plan involves the demolition of 11 existing dwellings and the construction of a 158 metre section of the Druid's Glen Road linking to the N11 road.  It also involves the provision of up to 30 metres of the Druid's Glen Road Bridge.

The potential sales value of the developed land should well exceed €75m, Mr O'Flynn says.  It will also create around 100 full time construction jobs.  The land was acquired for more than €12m.

Planners refused permission for a number of reasons including that the development failed to provide a "high quality site-specific design response for the site" in relation to layout, ecology and landscape design.

It would seriously injure the amenities or depreciate the value of property in the vicinity and was contrary to proper planning, the decision stated.

It further stated the development is not consistent with the Cherrywood Planning Scheme in regard to its design and sequencing.

In an affidavit, Mr O'Flynn says the refusal of permission for the part of the Druid's Glen Road which traverses OFCP's land "will likely pose significant difficulties" for the delivery of any development in the area. 

Until issues raised by his legal proceedings are resolved, he says it seems likely none of the development proposed for a 36-acre area within the Cherrywood scheme could be built, including one residentially-zoned area which could provide up to 543 units.

He says the planning authority is obliged by law to grant permission where it is satisfied the proposed development is consistent with the local planning scheme. 

There is no provision for an appeal to Bord Pleanala because the development is located within the planning scheme area.  The board itself approved that scheme in April 2014.

Mr O'Flynn says there are ongoing financial consequences due to the fact that the project cannot proceed including having to provide security for the properties which will have to be demolished.

The case was admitted to the fast-track Commercial Court by Mr Justice Brian McGovern on consent between the sides.

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