High Court challenge brought over vacant site levy

A High Court challenge has been brought against a decision by An Bord Pleanála that a Dublin property owner must pay a vacant side levy of over €364,000.

The challenge has been brought by R & Developments Ltd which is the owner of the site of the former Matts of Cabra pub at Fassaugh Avenue, Cabra, in Dublin 7, worth an estimated €5.2m.

The company, which the High Court heard plans to develop the site, acquired the property in 2017. In 2018 Dublin City Council said it intended to place the site on its vacant site register. The company rejects the claim that the site was vacant but did not appeal the decision to enter it on the register. This was because the firm had obtained planning permission and intended to develop the site which it accepts is suitable for housing.

In February 2021 the council served the company with a demand for payment of the sum of €364,000. The company denies that the site was ever vacant, and had opposed the decision to place it on the vacant site register. It appealed Dublin City Council’s demand to An Bord Pleanála. However, in a decision issued in April the board rejected the appeal.

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The company says the decision is unfair, unlawful and should be set aside. Represented by Tom Flynn SC, with Ellen O’Callaghan, the applicant, in proceedings against the board, seeks an order quashing the board’s decision to uphold the levy.

Counsel said that the decision is being opposed on several grounds, including that no proper considerations seem to have been given to the fact that his client’s plans to develop the site were severely restricted in 2020 and 2021 due to Covid-19 restrictions.

Counsel said that the board’s decision was irrational, and it failed to give reasons for finding that the site is vacant.

In breach of fair procedures certain documentation was put before the board in relation to the site that his client was not provided with or make submissions on, counsel added.

The matter came before Mr Justice Conor Dignam on Wednesday, who on an ex parte basis granted the applicant permission to bring the challenge. The judge, who adjourned the matter to a date in July, also placed a stay on the levy pending the outcome of the action.