Pat Kenny among parties bringing court challenge against planning for Dalkey nursing home

Broadcaster Pat Kenny is one of four Dalkey residents who have launched a High Court challenge against An Bord Pleanála’s decision to grant planning permission for a new nursing home in the south Dublin suburb.

Mr Kenny, along with Christopher Herbert, Tom Palmer and Peter Cullen have brought a judicial review action challenging An Bord Pleanála’s decision of July 6th last to grant Bartra Property Ltd permission to construct a 104-bed nursing home on lands at Ulverton Road and Harbour Road, Dalkey.

In their proceedings, the plaintiffs, who live near the proposed five-storey development, seek various orders and declarations including an order setting aside the board’s decision which it is argued is flawed.

Among the grounds of their challenge is that the proposed nursing home will adversely affect badgers living on the lands.

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It is also claimed that some conditions of the permission granted by the board contradict each other.

One of the conditions requires the nursing home to be built in accordance with the plans submitted. Another requires the developer to adhere to national guidelines concerning the treatment of badgers and works being carried out near their setts.

It is claimed that the guidelines require that heavy machinery cannot be used within 30 metres of badger setts. The guidelines also prohibit works with lighter machinery within 20 metres, and no hand digging or clearing to be done within 10 metres of badger setts.

The applicants claim that if the conditions of the permission are to be complied with it would be impossible to build 60 of the proposed nursing home units.

The challenge has been brought on other grounds including that the board failed to properly take account or determine issues including the volume of extra traffic generated, parking and the capacity of local sewers generated by the proposed development before it decided to grant permission.

The board also failed to carry out an Environmental Impact Assessment (EIA) in respect of the proposed development, the applicants submit.

Other issues include the ability of the proposed nursing home’s older residents to access local services and shops in Dalkey village, which is some 500 metres away, and the amount of light generated by the proposed development.

In its decision, the board overturned Dún Laoghaire Rathdown County Council’s 2021 decision to refuse to grant planning permission to Bartra.

The residents’ action is also against the Minister for Housing, Local Government and Heritage, Ireland and the Attorney General.

Bartra is a notice party to the proceedings.

The proceedings were briefly mentioned before Mr Justice Michael MacGrath during Wednesday’s vacation sitting of the High Court.

The judge, following an application by the plaintiff’s solicitor Fred Logue, deemed that their application to have the board’s decision judicially reviewed has been brought within the legal time limits allowed.

The matter was adjourned and will be mentioned before the court next month.