FCC not to pursue judicial review of Fosterstown development

Fingal County Council representatives voted to not pursue a judicial review of the Fosterstown residential development in Swords, at this months’ council meeting.

An Bord Pleanala (ABP) granted planning permission to MKN Property Group to develop 265 residential units on the Fosterstown site in February.

The development will consist of apartment blocks up to nine-storeys in height, which residents say are inappropriate for the area.

Local councillors tabled the emergency motion at last week’s meeting asking the council to support a High Court judicial review.

Independent councillor Dean Mulligan said that it has “got to the stage where it really has come to an emergency as the timelines for taking judicial reviews are short.”

The development was submitted to the planning authority as a Strategic Housing Development (SHD) with representatives saying that the plans contravene the local area plan drafted in 2019.

“We are defending the integrity of our development plan,” says Mulligan.

“I have invoices here saying the cost of taking a judicial review is €35,000 – which is a relatively fair sum.

“But it’s a lot for people to take on,” he says.

“I don’t think we should sit idly by and put the burden on residents who participated and communicated excellently in our development plan when we put it to them.”

Sinn Fein councillor Ann Graves, who also supported the motion said that the council should set a “precedent” for local authorities and submit the application for a review.

An ABP inspection of the site “recommended refusal,” says Graves, as it “considered it material convention to the Fosterstown Masterplan.

“Fingal County Council also considered the application to be unsympathetic with the surrounding area, particularly in relation to houses that are already built.

“The residents who partook in the public consultation process are looking at taking their own judicial review, if this doesn’t go through we should all support them,” she said.

In a report drafted by council management, it said that it was “advised that the council would be acting contrary to the provisions of the 2016 Act if it sought to challenge the decision of the Board [ABP].

“In acceding to the motion and seeking to challenge a decision of the Board on an SHD application, the council would be acting contrary to the 2016 Act and therefore unlawfully,” it said.

Council management said that while An Bord Pleanala must “have regard to the planning authority’s development plan,” ABP can grant approval if “certain prescribed statutory criteria are fulfilled.

“They appear to have done so in this case,” it said.

A local resident’s group, Say No to Forest Road High Rise, which has been campaigning for the high court review said it was disappointed in the decision.

“Regrettably, the council won’t be pursuing a judicial review, thus stepping-back, not forward.

“Although most local councillors voted for this action to be taken by the council, a majority of the overall councillors voted against.”

The group said that it would still be pursuing the review.

“As others are content to let it happen, this has been left solely to the community to take appropriate action, which we will.”