Residents group Clonres CLG has secured leave from the High Court to challenge An Bord Pleanala's permission for a controversial development of 657 apartments near St Anne's Park in north Dublin.
The board indicated earlier this week, in relation to a separate challenge by John Conway and Louth Environment Group, it is prepared to concede that case, meaning the permission is expected to be overturned.
Because the board has not formally done so, the application by Clonres CLG proceeded before Mr Justice Denis McDonald yesterday.
Having read the documents and heard submissions from Alan Doyle BL, for Clonres, the judge found Clonres had made out the necessary substantial grounds for leave to bring the case against the board.
He admitted the proceedings to the court's Strategic Infrastructure Development list, which fast-tracks planning cases, and returned it to June 11.
The Clonres case is also against the Minister for Arts, Culture and Heritage and the State but as the permission may be overturned, the judge adjourned the proceedings against the State.
The claims against the State relate to failure to designate the site as a Special Protection Area under the Birds Directive.
The judge said he suspected a stay application would not be necessary, but Clonres had liberty to apply.
The judge noted discussions are continuing in the Conway/LEG case as to the form of order to be made. He said the developer Crekav may seek to resist such an order and, in those circumstances, it was necessary for Clonres to proceed with its leave application.
The Clonres case concerns the board's decision last February to grant permission for more than 650 apartments, in blocks of up to nine storeys tall, on former playing fields east of St Paul's College.