A High Court judge will make orders providing for An Bord Pleanála to reconsider Johnny Ronan’s previously-rejected application for permission to build 1,000 homes and what would be Dublin’s tallest building in the docklands.
The “Waterfront South Central” plan for three residential blocks ranging from eight to 45 storeys near the 3Arena was submitted to the board in January 2021.
Mr Ronan’s group subsequently applied for separate, alternative permission for 550 homes in three blocks, including a 25-storey tower, on the same site.
The board’s rejection of the higher and more dense project was based on the High Court having determined, in a decision concerning Mr Ronan’s nearby Spencer Place scheme, that permission could not be granted for a development that breaches height and density limits set out in Dublin City Council’s strategic development zone scheme for the docklands area.
The Court of Appeal later overturned the High Court’s decision, holding that An Bord Pleanála was entitled, under a now-extinct provision for “strategic developments”, to allow a “strategic” build that defies the council’s North Lotts/Grand Canal Zone scheme’s 10-floor limit for residential buildings.
Based on this Court of Appeal decision, An Bord Pleanála conceded in a High Court challenge brought by a Ronan Group company over the decision to refuse permission for the 1,005-home project and 45-storey tower.
In a judgement published on Tuesday, Mr Justice David Nolan said the parties in this case agreed the board’s decision should be overturned and that the developer’s application should be reconsidered. However, they disagreed over how much of the planning process should be rerun.
The developer, represented by Eamon Galligan SC, wanted the application to be returned to the point immediately prior to the decision to refuse permission.
An Bord Pleanála contended the court should refrain from micromanaging its internal processes and should simply send the application back with no more specific directions.
Mr Justice Nolan noted the board refused permission by specifically referencing the High Court decision.
However, he said, it had been otherwise satisfied that the proposed development met the Planning and Development Act requirements for permission in breach of a local plan as it was considered to be of strategic and national importance and within an area earmarked for urban regeneration. This finding was “important”, the judge said.
Mr Justice Nolan was persuaded by the principle that the court should “do its best to ensure that parties do not inappropriately suffer, or indeed gain, by reason of invalid decision-making”.
He said it was appropriate to go back to the place where the mistake occurred and make the orders sought by the developer.
