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Planning permission for 614 homes on RTE site is quashed

The High Court has quashed an order granting permission for 614 residential units on former RTE lands on consent of An Bord Pleanála.

Three residents from nearby Ailesbury Road had brought proceedings challenging the board’s fast-track permission for the proposed development by Cairn Homes Properties close to their homes.

They also challenged the constitutionality of strategic housing provisions of the Planning and Development (Housing) and Residential Tenancies Act 2016 providing for the fast-tracking of large housing developments.

The case was due to be heard later this year but in January the board indicated it was prepared to make concessions.

After engagement between both sides in the case, the court was asked to make the orders on consent including one to quash the planning permission.

The issues about the constitutionality of provisions of the act were adjourned generally.

Ailesbury Road residents Chris Comerford, Pat Desmond and John Gleeson had challenged the Board’s decision to deal, under the 2016 Act, with the permission application by Cairn Homes Properties Ltd.

They took legal action against An Bord Pleanála, the Minister for Housing, Planning and Local Government, Ireland and the Attorney General with Dublin City Council and Cairn Homes as notice parties.

The 2016 Act allows developers seeking permission for developments exceeding 100 units to apply directly to the Board for permission, bypassing the local housing authority.

The residents’ case included claims some of the strategic housing provisions of the 2016 Act breached their rights under the Constitution and European Convention on Human Rights.

The proposed development comprised 611 apartments in nine blocks up to ten storeys high, three townhouses, two cafes, one childcare facility and change of use of an existing Regency villa to a private members’ club and gym.

The applicants said the development was of a scale and density far in excess of what is permitted under the Dublin City Development Plan, would overlook and overshadow their homes and be “totally out of keeping” with an area consisting of low rise Victorian or Edwardian type houses.

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