High Court challenges permitted against two housing developments

The High Court has given permission for the advancement of two separate legal challenges brought by environmentalists over strategic infrastructure developments (SIDs) in Dublin and Waterford.

Environmental activist John Conway, from St Nicholas Avenue, Dundalk, who is part of the Louth Environmental Group, seeks to overturn An Bord Pleanála’s fast-track permission for 413 apartments off Hole in the Wall Road, in north Dublin’s Donaghmede.

Mr Conway, represented by Stephen Dodd SC instructed by BKC Solicitors, is taking his case against An Bord Pleanála, the Attorney General, Ireland and the Minister for Housing, Local Government and Heritage. Developer Belwall Limited is a notice party.

Among his core grounds of challenge is a claim that a section of the Planning and Development Act 2000 allowing the Minister for Housing to make Specific Planning Policy Requirements (SPPRs) with which the Planning Authority and An Bord Pleanála must comply is repugnant to certain articles of the Constitution. It is claimed this ability constitutes an unauthorised delegation of legislative power and/or is an interference with the role of local government.

The board’s permission for the development is invalid, due to its alleged reliance on SPPRs made under section 28 of the 2000 Act, the applicant claims.

In an unconnected action, qualified ecologist Lisa Dolan and civil engineer Neil Renton, both of Abbeyside, Dungarvan, Co Waterford, are asking the court to quash the board’s October permission for 218 residential units in their local town.

In court documents, Ms Dolan notes that the chief executive of Waterford City & County Council recommended that the proposed Duckspool development be refused due to concerns over its potential impact on flood risk management, among other reasons.

The applicants, represented by Stephen Dodd SC instructed by BKC Solicitors, claim the board’s permission contravenes an article of the Habitats Directive as a legally required Appropriate Assessment allegedly failed to consider relevant expert scientific opinion, specifically Ms Dolan’s ecological report.

An Bord Pleanála further failed to reach conclusions that dispel all reasonable scientific doubt as to the effects of the proposed build on the conservation objectives of protected sites, including Dungarvan Harbour Special Protection Area, they allege.

Ms Dolan and Mr Renton also claim the developer’s environmental impact assessment failed to examine the complete project, including the potential effects arising from topsoil extraction and infill and the potential impact arising from the development of appropriate foundations.

Their case is against the board, while developer Michael Ryan is a notice party in the proceedings.

Mr Justice Richard Humphreys gave permission on Monday for both challenges to proceed in the High Court.