Legal challenge to housing development at former Central Mental Hospital Dundrum withdrawn

Lawyers for Mark Leonard told Judge David Holland on Monday that the judicial review proceedings, against An Coimisiún Pleanála (ACP) and Dún Laoghaire-Rathdown County Council, were being withdrawn.
Legal challenge to housing development at former Central Mental Hospital Dundrum withdrawn

High Court Reporter

A developer has withdrawn his High Court challenge to the construction of almost 1,000 homes on the site of the former Central Mental Hospital in Dundrum, south Dublin.

Lawyers for Mark Leonard told Judge David Holland on Monday that the judicial review proceedings against An Coimisiún Pleanála (ACP) and Dún Laoghaire-Rathdown County Council were being withdrawn.

Leonard filed court papers last month initiating the proceedings, which related to ACP’s decision in December to grant permission to the county council and the Land Development Agency (LDA) for 934 affordable purchase, cost rental, and social homes on the old hospital site.

Leonard was yet to obtain court permission to pursue his case. Litigants seeking to bring judicial review cases must first obtain “leave”, or permission.

At Monday’s hearing, barrister John Kenny, appearing for Leonard, said the proceedings were being withdrawn.

The judge noted the withdrawal. He said he had sight of a statutory court declaration that no one was benefiting, financially or otherwise, on account of the withdrawal.

The Dundrum site is one of the most prominent housing sites in the LDA’s portfolio of State lands. The LDA is a State body tasked with delivering affordable housing.

Leonard previously took a separate legal challenge to permission granted for 852 at the hospital site under the now-defunct fast-track Strategic Housing Development scheme.

In that case, Leonard argued that the development was in conflict with the Dún Laoghaire-Rathdown County Development Plan.

An Bord Pleanála, ACP’s predecessor, conceded that challenge, but the LDA, which was a notice party, decided to continue to defend the case. The case remains live.

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