THE IMPOSITION of more restrictive conditions on development of certain lands in the new development plan for Dublin appears “targeted” at lands owned by religious institutions, the Sisters of Charity have claimed before the Commercial Court.
Dublin City Council has failed to give any rational reason why the restrictive Z15 zoning designation was imposed on property totalling 108 acres owned by the order and not on certain other lands, the order’s counsel, Brian Murray SC, argued.
The order claims the Z15 designation means future uses such as housing development are not open for planning consideration with consequent adverse implications for their property rights and ability to sell land to fund their activities.
Mr Murray said his client wanted to know why the council believed the lands zoned Z15 – including open space lands adjoining the order’s convent and schools in Sandymount – should be zoned in a restrictive way compared with other open space lands.
The council contended the Z15 zoning, entitled “Community and Institutional Resource Lands (Education, Recreation, Community, Green Infrastructure and Health)” was in the common good and for the benefit of the community and neighbourhood but this did not meet the requirement to provide “clear categorisation”, justification and “clear rational evidence” before subjecting lands to such a restrictive zoning, he argued.
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