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Cycling group win bid to quash plan for 741 apartments

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Dublin’s Connolly Station

Dublin’s Connolly Station

Dublin’s Connolly Station

Permission to develop 741 apartments on a site behind Dublin's Connolly Station has been quashed after the developer argued it did not require permission to build 135 car parking spaces.

Mr Justice Denis McDonald upheld arguments by Dublin Cycling Campaign (DCC) that An Bord Pleanála erred in law by not assessing the 135 car parking spaces as part of the planning application.

Failure

The effect of that failure was that the development did not constitute a "strategic housing development"(SHD).

In granting permission, the board acted in excess of its powers under section 9 of under the 2016 Development (Housing) and Residential Tenancies Act, the judge held.

As a result, it was appropriate to grant an order quashing the permission, he said.

Final orders will be made next month after the sides have considered the 80-page judgment published yesterday.

An Bord Pleanála granted the fast-track permission to the development in February. which was to be built as part of a 23-storey apartment block development at the so-called 'Connolly Quarter', near Connolly Station.

"The developers wanted to have their cake and eat it too," said DCC chairperson Kevin Baker in a statement.

"They wanted to build 135 new parking spaces to sweeten their deal with CIÉ, but they didn't want those same new parking spaces assessed as part of the Strategic Housing Developments."

"Reducing excessive city centre car parking is a key objective in our vision of Dublin as a vibrant, liveable city - not one clogged by congestion and emissions."

DCC's challenge concerned the board's permission for construction of 741 build-to-rent apartments on CIE lands to the rear of Connolly Station.

The High Court ruled that the development falls outside the SHD because the 135 space car park increases the total area for other non-housing uses above what is allowed in fast-track plans.

The proposed apartment development formed part of a larger masterplan for the 'Connolly Quarter'.


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