The developer of a proposed nine-storey building in Dublin city centre has challenged a planning requirement that it must install certain fire safety measures which it claims are only supposed to be included in taller properties.
The claim has been made on behalf of KC Capital Property Group Limited in proceedings it has taken against An Bord Pleanála in respect of conditions attached to a development at Cuffe Street, Dublin 2, to be known as the 'Greenside Building'.
The proposed development, for which planning permission has been granted, will include office space, a townhall and a cafe.
The building was granted a fire safety certificate by Dublin City Council, and the certificate's conditions require the developer to install various fire safety measures.
The developers claim two of those conditions, namely requirements that elements of the structure have a minimum of 120 minutes' resistance to fire, and that a sprinkler system be installed throughout the property, should not have been included in the certificate.
This is because the development is not 30m or more in height, and such fire safety measures are only required in buildings above that height threshold.
It appealed the council's decision to include those additional conditions to An Bord Pleanála. However, the board dismissed the appeal, and upheld the council's decision.
Represented by Niall Handy SC, with Kevin Bell Bl instructed by Eversheds Sutherland solicitors, KC Captial has brought High Court judicial review proceedings aimed at quashing the board's decision.
It is claimed the board's decision is flawed and should be set aside on several grounds. These include that the decision is unreasonable, irrational, contrary to fair procedures, and failing to give any adequate reasons for coming to a conclusion that the building is 30m in height.
The board, it is claimed, also failed to properly take into account KC Capital's detailed submissions that the building is less than 30m in height.
The matter came before Ms Justice Niamh Hyland, who granted the applicant permission to bring its challenge on an ex-parte basis.
The matter will return before the court in February.
