Monday, 1 March 2010

Carmelites say zoning change an attack on property rights

A RELIGIOUS order has said it will take legal action against a local authority in south Dublin if a plan to change the zoning of its land goes ahead.

The Carmelite order, which has land at Ballinteer, has said it will seek a judicial review of the Dún Laoghaire-Rathdown County Council development plan if amendments to the plan are endorsed by councillors.

The amendments change some of the zoning conditions of institutional lands.

A submission to the council from Auveen Byrne Associates, on behalf of the order, described the changes as an “unjustifiable attack” on its property rights.

The Order of the Legionnaires of Christ, which has land in Sandyford, has also objected to the changes, along with Cosgrave Property Group.

The amendments were agreed by councillors at an earlier stage in the plan’s development process and are due for final ratification next month.

One amendment stipulates that institutional land used for development must retain at least 25 per cent for open space and amenity.

A second amendment, by way of a footnote definitions of zonings, alters what is permitted under certain zonings.

It says uses “open for consideration” on land zoned A, A1, B, NC, DC, MTC and E, including institutional land, “will be considered, except in instances where the lands are designated by the planning authority as being required for a public road, public hospital or public school”.

The Carmelite submission said the proposed amendments would “significantly diminish the development potential” of the order’s lands and devalue them.

Irish Times

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