Dublin City Council’s decision to grant permission to Seán Dunne for the bulk of his high-density development in Ballsbridge, but to refuse permission for the 37-storey tower was “unlawful”, barrister Colm MacEochaidh said.
Mr MacEochaidh, who is representing 22 objectors, at the An Bord Pleanála hearing on Mr Dunne’s proposed development, said he agreed with Mr Dunne’s representative that it was “an all or nothing” scheme.
There was “no statutory basis” for the council to grant part of the development but refuse another, Mr MacEochaidh said.
He warned the hearing’s inspector Tom Rabbette: “The board must not repeat the error of the planning authority.”
The council had used the city development plan to justify the decision to grant permission, without referring to the specific provision of the plan. They had “side-stepped, dodged and avoided” the provisions of the plan which clearly conflicted with their decision, Mr MacEochaidh said.