Court allows challenge to planning near Royal Hospital

A High Court challenge has been brought against An Bord Pleanála’s decision to grant permission for a hotel and office development close to the historic Royal Hospital Kilmainham building.

The judicial review action has been taken by award-winning engineer and architect Paul Leech and by award-winning author and journalist Frank McDonald.

They claim that the proposed development will have an adverse effect on the Royal Hospital – which they say is Ireland’s most important and externally intact 17th century public building – the urban environment that surrounds it and associated heritage gardens.

The claim that the board’s decision of January 31 to grant HPREF HSQ planning permission for a proposed hotel and office development at Heuston South Quarter, Kilmainham, Dublin 8 is flawed and should be set aside.

Dublin City Council had refused to grant planning permission for the proposed development.

The developer appealed that decision to the board, which earlier this year granted permission subject to 20 conditions.

RepresentedbyJohnKennyBL,with Oisin Collins SC instructed by O’Donnell Clarke solicitors, the applicants seek orders and declarations from the court including an order quashing the board’s decision.

The action, where the developer is a notice party, has been brought on grounds including that the decision does not comply with fair procedures, and is irrational and unreasonable.

It is also claimed that the board was erred in its conclusion that the proposed development does not materially contravene sections of the 2022-28 Dublin City Development Plan.

It is further claimed that the board lacked the jurisdiction to grant permission.

The matter was briefly mentioned before Ms Justice Carmel Stewart yesterday.

The judge deemed the application formally opened before the court, and adjourned the application to a date in May.