High Court quashes planning permission for build to rent apartments in South Dublin

High Court Reporters

The High Court has quashed An Bord Pleanala's decision to grant planning permission for a 445-unit build-to-rent housing development in South Dublin.

Fernleigh Residents Association had challenged the board's decision to give the go ahead for the construction of the build-to-rent apartments and a childcare facility at Aiken's Village, Stepaside in Dublin 18.

In a detailed judgement handed down on Wednesday Mr Justice David Holland said that the board's decision to grant planning permission, in July 2021, to Ironborn Real Estate Limited to develop the site should be quashed.

In his decision the judge said that that court was setting aside the decision on grounds including that there was a failure to comply with standards regarding the levels of daylight in the proposed apartments.

The judge also held that there was a failure to substantiate that there was adequate public transport capacity affecting the proposed development.

The judge said there was a failure by the planning authority to give adequate reasons as to why it held that the quality of the public open space provided in the development did not materially contravene the requirements of Dun Laoghaire Rathdown Co Council's development plan.

All other grounds of action were dismissed.

The applicants, who live close to the proposed development, brought proceedings against the Board, Ireland and the Attorney General.

The developer was a notice party to the judicial review proceedings.

The residents' group, which was represented in the action by John Kenny Bl instructed by solicitor Eoin Brady of FP Logue, had argued that the decision to grant permission was invalid on several grounds.

The application was opposed.

The matter will return before the court for final orders at a later date.