Wednesday, 12 May 2021

High Court overturns new planning permission for 657 apartments for St Anne’s Park in Raheny

 The High Court has overturned fresh planning permission for a controversial development of 657 apartments on lands near St Anne's Park in Raheny. The proposed development has so far clocked up four decisions of An Bord Pleanála and ten sets of legal proceedings “and counting”, Mr Justice Richard Humphreys noted. In a judgment on Friday, he quashed the Board’s third permission, dated August 2020, for the proposed development on former lands of St Paul's College, Sybil Hill Road, Raheny, by Crekav Trading GP Ltd, part of Pat Crean's Marlet group. In 2018, the Board granted its first permission, for 536 dwellings on the site, but that was overturned by the High Court and remitted for reconsideration.

Read the full article @ The Irish Independent 

Planning board ‘significantly underestimated’ strategic housing work

  An Bord Pleanála told the Government it had “significantly underestimated” just how much work would be involved in dealing with applications under the controversial Strategic Housing Development (SHD) application process. The planning board said it had assigned just six inspectors to the process at first, but that this had more than doubled under the weight of work required. In a submission to the Department of Public Expenditure-led review of the National Development Plan, the board said it needed 16 extra staff to manage its workload. The agency said a major increase in manpower would be needed to deal with the “predicted surge in applications and the increased complexity of cases that come before us”.

Read the full article @ The Irish Times

Citywest housing delayed by site ownership dispute, court told

 A dispute about who owns a valuable three-acre site beside the Citywest Hotel and conference centre complex in Dublin is holding up plans for a €50 million housing development, it has been claimed in the Commercial Court. Two companies claim ownership of the land at Garter’s Lane, Saggart, which is earmarked for a development of 224 housing units for which planning permission was granted by An Bord Pleanála last December. The hotel and conference centre operators and owners, Cape Wrath Hotel Unlimited, say they own the land. They have obtained permission to build the residential development, which they say will provide significant affordable housing and deliver a large range of amenities for the local community.

Read the full article @ The Irish Times

Friday, 12 March 2021

Residents get leave to challenge Dundrum apartment development

 A residents’ group has obtained permission from the High Court to bring a legal challenge aimed at overturning planning approval for a development of 446 apartments in Dundrum, Co Dublin. Concerned Residents of Wesley Estate, Clonard Estate and Ballawley Court Estate, with an address at Sandyford, Co Dublin, has brought the judicial review proceedings against An Bord Pleanála and the State. It wants orders quashing the board’s permission of January 6th last for 446 apartments, in four blocks, and associated works at the site of Gort Mhuire Carmelite Centre, (Marmalade Lane) Wyckham Avenue, Dundrum, Dublin. The fast-track permission was granted to 1 Wyckham Land Ltd after the board designated the proposed development a strategic housing development under the Planning and Development (Housing and Residential Tenancies) Act 2016.

Read the full article @ The Irish Times

Monday, 1 March 2021

Surge in strategic housing developments being quashed

 Earlier this week a report by construction consultants Mitchell McDermott outlined the spike last year in the number of potential units in strategic housing developments (SHDs) in Dublin that were either quashed or held up by judicial reviews. While 508 potential housing units were affected by judicial reviews in Dublin in 2019 that figure jumped to 5,802 last year – thus thwarting the fast-track element of the process. The SHD process was introduced by the government in 2017 to provide a fast-track mechanism for planning permissions for housing schemes with 100-plus units. Essentially, it allows the developer to bypass the local authority and seek permission directly from An Bord Pleanála. It was a key policy measure designed to tackle the housing crisis, which has persisted for about a decade and is a major issue with voters.

Read the full article @ The Irish Times

Judicial reviews arising in Strategic Housing Development cases as there is no other appeal option

 A new report has found that the number of units in planned Strategic Housing Developments (SHD) in Dublin that have been delayed or cancelled as a result of judicial reviews has risen tenfold in the last year. Last year 5,802 potential new apartments and houses were impacted by legal challenges to SHDs, compared to just 508 a year earlier. The annual construction sector report by consultants Mitchell McDermott, also found that judicial reviews involving SHDs nationally had risen seven-fold, from 1,048 units in 2019 to 6,969 last year. SHDs involve a faster than normal planning process and can only be used for developments of 100 apartments or houses or more than 200 student beds.

Read the full story @ www.rte.ie

Monday, 22 February 2021

Developer expresses 'serious concerns' over move to make former Player Wills factory in Dublin a Protected Structure

DEVELOPER HINES HAS expressed “serious” concerns over a proposal to place The Player Wills Factory on Dublin’s South Circular Road on The Record of Protected Structures [RPS]. Legal representatives for Hines – which plans to redevelop the site to build 492 apartments and 240 co-living beds - wrote to Councillors last week to express concern over this proposal. Hines has been granted planning permission by An Bord Pleanála for 416 homes – including a 16-storey apartment block – on a site adjacent to Player Wills. Local residents are taking judicial review proceedings against An Bord Pleanála’s decision in this case. Separately, locals have already expressed opposition to a 19-storey apartment block as part of Hines’ Player Wills redevelopment which will form part of the overall scheme.

Read the full story @ www.the journal.ie