A settlement has been reached in a High Court dispute over a right-of-way that was to provide one of two accesses to hundreds of apartments that are at an advanced stage of construction in Palmerstown village, Dublin.
Developer Randelswood Holdings Ltd has been building more than 250 one-bed and two-bed build-to-rent apartments that are beside the main road to the west at its junction with Kennelsfort Road on the former Vincent Byrne building supplies store/former retail park site in Palmerstown. Construction is at an advanced stage at the development which got permission for five blocks of apartments of between three and eight storeys. It has been named Palmerstown Gate.
Under its planning permission there were to be two vehicular accesses to the apartments, one at the Kennelsfort Road/old Vincent Byrne entrance and another through Palmerstown Business Park which exits on to the old Lucan Road in Palmerstown village, near Aldi supermarket.
However, in 2021 a company called Palmerstown RPM brought High Court proceedings seeking to prohibit Randelswood using the access route through the business park. Randelswood denied the claims and the case was due for hearing before Mr Justice Michael Twomey on Tuesday. However, following talks and further site visits by engineers on Tuesday morning, the judge was told the matter was settled. He congratulated the parties on the settlement.
The judge adjourned the matter to Wednesday to rule the settlement.
One of the central issues in the case was the construction of terms of a right-of-way through the business park conferred in agreements between previous owners and purchasers. While it was agreed Randelswood had the benefit of a right of way, Palmerstown RPM asserted that it was limited to a certain point.