Challenge to Chapelizod apartment scheme struck out on consent

The High Court has struck out, on consent, a challenge to a 71-apartment social housing development in Chapelizod, Dublin, which is almost complete.

Just over two years ago, the court granted leave to the Chapelizod Community for Democracy and Sustainability (CCDS) company to bring a judicial review against Dublin City Council, the Minister for Housing and the State seeking to quash an October 2019 decision to approve the development at Springvale, next to Chapelizod Gate of the Phoenix Park.

The CCDS claimed, among other things, the council had a conflict of interest in that it applied to itself for approval and essentially gave itself planning permission.

Impact

This was also allegedly in breach of an EU environmental impact assessment directive requiring competent authorities to ensure they deal with such matters in an objective manner and don’t find themselves in a conflict of interest situation.

It was also claimed the State respondents failed to transpose, adequately or at all, the conflict of interest directive into our laws.

It was also claimed the housing plan was approved by councillors and officials without properly determining whether an appropriate assessment (AA) or environmental impact assessment (EIA) were needed.

The case was adjourned a number of times over the last two years.

On Tuesday, an application was made to the registrar in the judicial review list, where the case was in for mention, to have the proceedings struck out on consent between the parties. The strike-out was granted.