Phibsborough residents welcome ABP decision to pull out of judicial review

Gary Ibbotson 26 Apr 2023

Phibsborough residents associations have welcomed the decision by An Bord Pleanala to withdraw from the judicial review of the planning decision to grant 205 apartments at the Cross Guns Bridge site on the Royal Canal.

Shandon Residents Association and Leinster Street North Residents Association jointly released a statement after ABP decided to not contest the review which was brought by the local groups.

“With the help of Fred Logue Solicitors, we had challenged the quantum and height of the proposed development on the Cross Guns site on six separate legal grounds,” the statement says.

“An Bord Pleanála solicitors have conceded specifically on one of the grounds, which challenged the adequacy of daylight in the living spaces of the proposed apartments – a result of over-development and sub-standard design of the application.

“The judicial review was not a step taken lightly by us in the midst of a housing emergency.

“We strongly believe the site is capable of providing affordable housing, which would sensitively address its built environment and the fragile ecosystems of the Royal Canal.

“The previous planning permission for the site, granted to the owner Bindford Ltd, had demonstrated the type of housing the community would support.

“We wish to thank our community who helped to fund this Judicial Review and supported us for the past two years.

“We have shown the power of the community activism in the fight for proper people centered planning development.”

The proposed apartments would have been built in apartment buildings ranging from four to 12 storeys in height and included a café, shops, and a public plaza.

At the time, the development was filed as a Strategic Housing Development (SHD) which meant it bypassed Dublin City Council.

The local authority recommended that An Bord Pleanala refuse permission for the project, but the board granted approval on a number of conditions.

It said that the development would not have a serious negative impact on the local residential or visual amenities and that was acceptable in terms of traffic safety, congestion, and density.

However, the board did note that the development would contravene the Dublin City Development Plan which sets a limit on block heights in the area.

The height of the tallest proposed block was just over 40 metres, while the council’s development plan sets a limit of 24 metres.

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