Planning board will not contest challenge over approval of Dublin build-to-rent apartments

High Court Reporters

An Bord Pleanála will not be contesting a challenge to permission for a development of 205 build-to-rent apartments in Phibsborough, Dublin, the High Court has been told.

Two residents' groups brought legal actions aimed at overturning the approval in May 2021 for apartment blocks ranging from three to 12 storeys on a site on Phibsborough Road near Cross Guns bridge.

The groups, representing residents of Leinster Street North and Shandon Park, claimed the proposal represents “significant over-development” of the Old Bakery site.

On Monday, their counsel, Neil Steen SC, instructed by FP Logue solicitor Eoin Brady, told the court An Bord Pleanála had written to say it would not be defending the case. It is understood the concession comes in relation to the proposed build’s compliance with daylight and sunlight guidelines for urban buildings and new apartments.

Mr Justice Richard Humphreys, with consent from the board, vacated the May hearing date for this case and another action, brought by Dundalk resident John Conway and Louth Environmental Group, challenging the same development. 

The parties will return to court next week to provide an update about the proposed final orders.

In their action against An Bord Pleanála, with developer Bindford Ltd a notice party, Leinster Street North Residents Association and Shandon Residents Association said their members would be directly and significantly affected by the proposed strategic housing development.

The groups advanced 11 grounds of challenge including an alleged breach of daylight/sunlight requirements. They claimed the board incorrectly accepted the developer’s analysis of how the guidelines apply to kitchenettes in the apartments.

The applicants said the higher “average daylight factor” standard of 2 per cent for kitchens should have been applied rather the 1.5 per cent figure the board accepted in the application.