O’Flynn Capital Partners’s court challenge likely to go ahead

O'Flynn Capital Partners's (OFCP) High Court challenge to Dún Laoghaire-Rathdown County Council's decision to refuse planning for a €75 million housing scheme is likely to go ahead after mediation failed to resolve the dispute.

Last year the council refused the company, controlled by developer Michael O’Flynn, permission to build 164 new homes in Cabinteely, south Co Dublin, on a number of grounds including that it contravened the area’s planning scheme.

The case now looks set to go to a full trial and Mr Justice Brian McGovern yesterday scheduled it for May 3rd in the High Court. The judicial review hearing is likely to take four days.

Mediation

Both sides went into mediation in an effort to resolve the dispute, but it is understood that the process failed and they are now likely to begin preparing for the hearing.

The case is likely to break new legal ground and is thought to be the first involving a strategic development zone (SDZ) and a local area planning scheme. As a result it cannot be appealed to An Bord Pleanála.

OFCP’s plans cover part of a 36-acre area that could provide up to 540 new homes. However, it is likely that no development can go ahead there until the issues raised by the case are resolved.

Mr O’Flynn has already told the High Court in an affidavit that the council was “biased and had predetermined or prejudged the planning application” because of a dispute over a road leading into the proposed development.

OFCP and Mr O’Flynn have said that they would be prepared to negotiate access with other developers.