Sunday 15 October 2023

Challenge to proposed Dalkey nursing home must be made in respondents presence, court rules

 A High Court judge has directed that a challenge brought by several Dalkey residents, including broadcaster Pat Kenny, against the granting of planning permission for a nursing home in the South Dublin suburb should be made on notice to the other parties involved in the action. Mr Kenny, along with Christopher Herbert, Tom Palmer and Peter Cullen, have brought judicial review proceedings over An Bord Pleanála's decision of July 6th to grant Bartra Property Ltd permission to construct a 104-bed nursing home on lands at Ulverton Roadd and Harbour Road in Dalkey. In their proceedings, the plaintiffs, who live near the proposed five-story development, seek various orders and declarations, including an order setting aside the board's decision which they say is flawed. Among the grounds of their challenge is that the proposed nursing home will adversely impact on badgers living on the lands. The proceedings came before Mr Justice Liam Kennedy during Tuesday's vacation sitting of the High Court. The judge was asked, on an ex-parte basis, to grant the applicants permission to bring their challenge against the board's decision. After considering submissions by Alan Doyle Bl, instructed by solicitor Fred Logue for the residents, the judge directed that the application for permission to bring the challenge should be heard on notice to, or in the presence of, the other parties. As well as suing the board, the residents' action is against the Minister for Housing, Local Government and Heritage; Ireland and the Attorney General.

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