A number of residents have brought a High Court legal challenge to plans for 252 council homes in Mungret, Co Limerick.
Four residents of Mungret Woods have been granted permission by the court to bring judicial review proceedings against Limerick City and County Council and the State over its plans for the residential development next to their estate.
They say, while they support the construction of homes on the 7.2 hectare site at Dromdarrig, Mungret, they are concerned this housing plan will cause an unreasonable and disproportionate interference with the amenities of their own estate.
They argue it does not conform to the requirements for proper planning and sustainable development in their area.
They also say the development will be located within the curtilage of two protected structures, Mungret College Stables and the seismic station observatory, both of which will be repaired as part of the project.
On Wednesday, Mr Justice Charles Meenan said he was satisfied the residents had substantial grounds to bring the proceedings. It followed a one-side-only application by John Kenny BL, for the residents. The case comes back next month.
The development was processed through what is known as the "Part Eight" process under which a council can go ahead with its own housing developments.
The residents say the decision of the council is invalid because it failed to provide any or adequate notice of the project under the planning and development regulations.
They also say it is invalid because no notice was given to statutory consultees, in this case to the Minister for Environment and Local Government, An Taisce and the Heritage Council in circumstances where the development will involve repair works to two protected structures.
It is further invalid because it breaches the council's own local area plan for the southern environs insofar as it relates to protection of trees and hedgerows. The conclusion of the council chief executive that the plan was acceptable was erroneous, acoridng to the residents.
