Planning refusal for nursing home in south Dublin challenged in court

A High Court challenge has been brought against An Bord Pleanála's refusal to grant planning permission for a 140 bedroom nursing home in the south Dublin suburb of Foxrock.

The court heard that permission was being refused because the loss of mature trees on the northern boundary of the site would adversely affect the Foxrock Architectural Conservation Area (ACA) as designated in the Dun Laoghaire-Rathdown County Development Plan.

The developer of the proposed nursing home FWNH Limited, which has brought the legal challenge, sought permission to build a nursing home at Four Winds House Brighton Road and Claremont Road, Foxrock.

The proposal included the construction of a three storey over basement nursing home, relocation of a vehicular access to Brighton Road, and various other ancillary works.

It had originally sought permission for a 113 bedroomed nursing home at the site of Four Winds House, but amended its application to a 140 bedroom facility after it acquired an adjoining property known as “Tall Trees”.

Permission to go ahead with the development, subject to certain conditions being complied with, was granted by Dun Laoghaire Rathdown Co Council in 2017.

However last month, following an appeal, An Bord Pleanála refused to grant permission for the development.

In its decision the board cited that the loss of the mature trees meant the proposed development was not in accordance with the proper planning and sustainable development of the area.

The developer disputes that assessment and says the board’s decision cannot be justified. It claims that the section of the proposed development around the ‘Tall Trees’ property is outside the Foxrock ACA.

It says that under its plan only two additional mature trees would be removed and argues that there is no evidence to support the view that the removal of those trees would adversely affect the character of the Foxrock ACA.

In its proceedings against the board the developer seeks an order quashing the planning authority’s decision of July 16th last refusing permission.

The developer also seeks an order remitting the decision back to An Bord Pleanála.

Permission to bring the challenge, by way of judicial review proceedings, was granted last month. Dun Laoghaire Rathdown Council is one of several notice parties to the action.

The matter was briefly mentioned before Mr Justice Bernard Barton on Friday, who adjourned the case to a date next month.

The judge was asked to adjourn the case because several outstanding issues, including the service of the proceedings on notice parties, need to be addressed.