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Permission for 245 city apartments is overturned

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Proposed development was near the Clearwater Centre

Proposed development was near the Clearwater Centre

Proposed development was near the Clearwater Centre

The High Court has overturned permission for a development of 245 apartments and a childcare facility on part of the former Premier Dairies site on the Finglas Road in Dublin.

Mr Justice Denis McDonald granted the order to retired public servant Rita O'Neill, who took the case on behalf of residents in the adjoining Glenhill housing estate and Premier Square apartments.

He said she was entitled to the quashing order on grounds the permitted height of the apartments, ranging from blocks of six to 10 storeys, materially contravened the Dublin City Development Plan.

Ms O'Neill had challenged the November 2019 permission granted by An Bord Pleanala to Ruirside Developments for the apartments on a vacant brownfield site of some 1.23 hectares near the Clearwater Shopping Centre in Finglas.

Ms O'Neill said the Glenhill housing estate, comprising two-storey houses with gardens, is north-east of the development site and her concerns included those properties will be overlooked and residents will not be able to enjoy any part of their open space.

In court documents, Ms O'Neill said she was representing herself and some 120 other objectors who are concerned they and their properties will be materially affected by the proposed development.

Guidelines

As the proposed development was classified a strategic housing development, it bypassed the normal route for planning permission in that it was sought directly from the board.

The judge found the proposed development materially contravenes the City Development Plan 2016-2022 in that its height exceeds the maximum permissible height of 16 metres.

He rejected arguments by the board and the developer that ministerial guidelines allowing for re-examination of height limits on a site-specific contextual base applied in the case.

Ms O'Neill was also entitled to a declaration that the board had failed to state its main reasons and considerations for materially contravening the development plan, he said.

In other findings, he ruled Ms O'Neill was not entitled to various reliefs sought against Ruirside and the council, including a declaration they had not complied with European Commission regulations on the management of flood risks.