A High Court judge has found An Bord Pleanála granted an unlawful permission for a five block build-to-rent apartment scheme, including one block 18-storeys high, near the Royal Hospital building in Kilmainham, Dublin.
Ms Justice Emily Farrell said on Monday the board failed to consider the proposed development in Heuston South Quarter (HSQ) was a material contravention of the Dublin City Development Plan 2022-28. She will issue her full judgment on November 4th after which final orders in the case will be made.
The judicial review challenge to the March 2022 fast-track permission was initiated in June 2022 by architect Paul Leech, who lives in an apartment block adjacent to the former hospital, and former Irish Times journalist Frank McDonald. They were represented by Oisin Quinn SC, with barrister Michael O’Donnell, instructed by O’Connell Clark Solicitors.
Among various orders, they sought one quashing the permission on grounds including failure to consider the issue of material contravention of the development plan. The case was heard by Ms Justice Farrell who reserved judgment.
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In their action, the applicants noted concerns were raised by several heritage bodies, including the Office of Public Works, the Heritage Council and An Taisce, about the development’s potential impact on the former hospital, now the Irish Museum of Modern Art, and its gardens.
Mr Leech said in a sworn statement that he and his neighbours were taken aback by the proposed scheme. He claimed the proposed residential units are “very substandard” with “totally inadequate open space” and were contrary to the development plan and Residential Standards for Apartments 2020.
The museum building was of “world importance in terms of its architectural quality and undeniably Ireland’s most important 17th-century public building”, he said. The proposed development was not sensitive to the architectural integrity and sensitivity of the museum site, he said.
Mr McDonald said in court documents he was “appalled” by the board’s “illogical and manifestly unreasonable” decision. He said the 56-metre tower confirmed his “worst fears” about the impact of 2018 urban building height guidelines, which enabled an “unprecedented free-for-all” that would see Dublin’s relatively low-rise skylines being “sacrificed on the altar of profit or hubris”.
The developer, HPREF HSQ Investments Limited, was a notice party to the proceedings.
Separately, the same two applicants have challenged a separate permission granted by the board to the developer on January 31st last for a hotel and office development at HSQ. That case has yet to be decided.
Dublin City Council had refused permission for the proposed development but, after the developer appealed that refusal to the board, it granted permission subject to 20 conditions. Among the grounds of challenge is that the board erred in its conclusion the proposed development did not materially contravene sections of the city development plan.
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