Legal challenge brought over permission for Limerick housing development

A High Court challenge has been launched, aimed at overturning a decision to grant planning permission for a development of more than 250 houses in Co Limerick.

The action has been brought over Limerick City County Council’s decision to grant permission to build 252 houses and associated works at Dromdarrig in Mungret.

The challenge has been brought by Jackie King, Damian Mullins, Michael O’Connor, and Brian O’Reilly who are all from Mungret Woods housing estate, which is beside the site of the proposed development.

The applicants support the construction of residential accommodation on the area of the proposed development.

However, they are concerned that the scale and density of the proposed development may cause an unreasonable and disproportionate interference with the amenities of their own estate and that it does not conform to the requirements of proper planning and sustainable development of their local area.

Trees and fauna

Their action has been brought on grounds including that the decision consists of a breach of a relevant development plan called the 2021-2017 Southern Environs Local Area Plan, which relates to the protection of trees and fauna.

No notice was given to the residents that the proposed works would involve works being carried out on a protected structure, which forms part of the well-known school Mungret College, on the site.

The council, it is claimed, erred in its finding that the proposed development complies with the plan. It is also claimed that the proposed development is in breach of the EU directive on habitats regarding local bat fauna.

The residents, represented in the proceedings by John Kenny and instructed by Eoin Brady of FP Logue solicitors, seek various orders and declarations including an order quashing the council’s decision to grant planning permission.

They also seek a declaration from the court that parts of the 2000 Planning and Development Act are incompatible with the 2001 EU directive on the strategic environmental assessment as it unlawfully allowed the 2010-2016 Limerick County Development Plan to be extended.

The applicant’s action is against Ireland and the Attorney General as well as the council.

The matter was briefly mentioned before Ms Justice Bronagh O’Hanlon during Wednesday’s vacation sitting of the High Court.

The judge adjourned the matter for mention before the court to a date early next month.