Residents ‘may have to refer to EU court’ in bid to block apartment plan

A LOCAL residents group has started a legal challenge aimed at overturning planning approval for 446 apartments in Dundrum, Co Dublin.

Concerned Residents of Wesley Estate, Clonard Estate and Ballawley Court Estate, with an address at Sandyford, Co Dublin, will apply to the High Court on Monday for leave to bring the judicial review proceedings.

The action, against An Bord Pleanála and the State, aims to overturn the decision of January 6 to allow 446 apartments and linked works at the site of Gort Mhuire Carmelite Centre, (Marmalade Lane) Wyckham Avenue, Dundrum, Dublin 16.

The fast-track permission was granted to 1 Wyckham Land Ltd after the board designated the proposed development a strategic housing development (SHD) under the Planning and Development (Housing and Residential Tenancies) Act 2016. An SHD does not have to proceed via the normal planning route, where permission is first sought from a local authority. Instead, the board can directly grant permission.

The grounds of the challenge include claims the “closed” pre-application consultation procedure provided for in the Act, involving the developer, board and local authority, is incompatible with Article 6.4 of the Environmental Impact Assessment Directive and/ or requirements of natural justice and fair procedure.

The procedure means public participation occurs only after the board has formed a view on issues including whether the development requires an EIA report or screening documents, residents say.

Their case is that public participation must be able to influence the shape of the final development. The issues raised concerning the disputed procedure may require a reference to the Court of Justice of the EU, they say.