A High Court judge has said he proposes to overturn planning permission for a large apartment development in Howth, Co Dublin.
Balscadden Road SAA Residents Association Ltd brought proceedings, over a permission granted last March by An Bord Pleanála to Crekav Trading. The development is on a site at the former Bailey Court Hotel and adjoining lands south of the Martello Tower on Balscadden Road.
A separate challenge was taken by another local resident, Christian Morris, and both were heard together.
The permission was for 177 residential units in three apartment blocks and one mews building, ranging in height from three to five storeys along with car parking and bike spaces.
It was classified as a strategic housing development, with the effect the developer bypassed the local planning authority and sought permission directly from the board.
Challenges
Among the grounds of challenge, the residents claimed the Board and its inspector failed to adequately address concerns about risk of subsidence and landslide on the site, already subject to land slippage.
In his judgment this week, Mr Justice Richard Humphreys said both cases relate to a significant development on Howth head in proximity to areas of natural and built environmental significance.
The development would involve excavation of an Ice Age esker which the developer estimated would involve removal of some 78,000 cubic metres of soil, sand and gravel but the residents estimated the figure at 90,000 cubic metres.
Having considered the evidence and the law, he said he proposed to quash the permission on two grounds.
The first was the board took irrelevant considerations into account in relying on a previous permission granted by it, but quashed by the High Court in other proceedings.
The second ground arose from the residents’ claims of inadequate plans for the development.
