Local group takes second legal action over new permission for 208 apartments in southwest Dublin

A residents’ group has initiated a legal action asking the High Court to overturn fresh planning permission for 208 “social and affordable” apartments in southwest Dublin.

The scheme comprises four blocks of up to six storeys made up of 104 one-bed and 104 two-bed apartments on the Carlisle site located on an L-shaped plot of land next to a gym in Kimmage.

The Kimmage Dublin Residents Alliance says its aim is to support local community “ensuring sustainable planning and development and strong protection for the built/natural environment and heritage”.

Lioncor Developments subsidiary 1 Terenure Land Ltd received fast-tracked permission in September 2022 from An Bord Pleanála for a 208-unit development on the site under the now-defunct strategic housing development process. This permission is the subject of a separate judicial review challenge by the Kimmage group.

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Last November, the developer applied to Dublin City Council for fresh permission under the new large-scale residential development (LRD) system. It received the green light from the council and again from An Bord Pleanála after the Kimmage group and an individual local unsuccessfully appealed.

The alliance is now asking the High Court to quash this decision on the basis of several alleged invalidities.

The group, represented by barrister John Kenny, instructed by FP Logue solicitors, alleges the board’s decision is legally undermined by an alleged lack of a valid grant of permission by the local planning authority. The board also wrongly concluded the proposed build was consistent with the Dublin City Development Plan, the residents claim.

Citing European Union law, the Kimmage locals allege An Bord Pleanála failed to carry out certain required environmental assessments.

In its appeal to the board, the group had claimed the proposed scheme is profoundly overbearing and would hit the value of adjoining properties.