An Bord Pleanála has consented to a High Court order rescinding its authorization for Cairn Homes to build 614 residential units on former RTÉ land in Dublin 4.
Three residents of Ailesbury Road had filed a lawsuit challenging the expedited permission of the council for development proposed by Cairn Homes Properties near their homes.
They also challenged the constitutionality of the strategic housing provisions of the Planning and Development (Housing) and Residential Tenancies Act of 2016, providing for the acceleration of large housing estates.
After the board said in January it was ready to make concessions in the proceedings, a hearing date set later this year for the challenge was called off.
Following considerable engagement between the parties, Judge Richard Humphreys was invited Thursday to make consent orders.
These include an ordinance revoking the authorization of the board of directors.
The ordinances also provide for the general adjournment of proceedings relating to the constitutionality of the provisions of the law.
In July last year, the High Court allowed residents – Chris Comerford, John Gleeson and Pat Desmond, wife of businessman Dermot Desmond – to challenge the board’s decision to deal, under of the law of 2016, the authorization request from Cairn Homes Properties. Ltd.
Represented by Michael O’Donnell BL and Conor Quinn BL, tried by lawyer Nap Keeling, their case was against the Board of Trustees, the Minister for Housing, Planning and Local Government, Ireland and the Attorney General, with Dublin City Council and Cairn Homes as notice of the evenings.
The 2016 law allows developers seeking permission for developments of more than 100 units to seek permission directly from the board of directors, bypassing the local housing authority.
During the initial examination of the case, the council had agreed to consider the application for leave under the law but had not yet made a decision.
The residents’ case included allegations that some of the housing policy provisions of the 2016 law violated their rights under the Constitution and the European Convention on Human Rights.
When the board of directors subsequently granted leave, the High Court ordered that the challenge to the permission be merged with the earlier challenge.
Complaints from residents
In their action, the residents claimed, immediately adjoining the back wall of Ms. Desmond’s family home, and located “extremely close” to the family homes of the other two, is a property that was previously part of the RTÉ campus in respect of which Cairn Homes wanted to develop 614 residential units.
The proposed development includes 611 apartments in nine blocks up to 10 stories, three townhouses, two cafes, daycare and the change of use of an existing Regency villa to a private club and gym.
The claimants said the development is of a much higher scale and density than allowed under the City of Dublin development plan, will neglect and eclipse their homes and will be “Totally out of step” with an area of low rise Victorian or Edwardian buildings. types of houses.
The development would impact not only the applicants’ properties, which include protected structures, but other protected structures and important public buildings in the area, including Montrose House, Mount Errol House and the prominent Scott Tallon building. Walker from the 1960s housing RTÉ studios, they claimed.