RTÉ and the Sisters of Charity religious order have brought separate High Court challenges to decisions by Dublin City Council to impose what they say are restrictive conditions on the potential development of their lands.
Mr Justice Michael Peart gave leave to the two bodies to bring judicial review proceedings against the council over its new City Development Plan 2011-17, which brought in zoning changes on the lands last November.
RTÉ says the decisions will have a serious impact on redevelopment plans for their Montrose complex at Donnybrook, Dublin, while the Sisters of Charity say 18 parcels of land around Dublin, totalling 108 acres, will be affected.
The court heard all the land has been zoned 'Z15' in the new plan, which effectively implements a tougher designation than had been applied in the previous plan.
It means future uses such as housing development are not open for planning consideration, impacting on the ability of bodies like the Sisters and RTÉ to sell off land to fund their activities.
In RTÉ's case, the new zoning does not even allow for media-associated uses to be considered, Nuala Butler SC, for RTÉ, told the court.
Ms Butler said the station had engaged fully in the development plan process and had in fact got a less restrictive 'Z12' zoning in the amended draft plan, which was put on public display between 18 August and 15 November 2010.
But when it came back before the council on 23 November, councillors passed two resolutions reverting the zoning to 'Z15'.
Ms Butler said RTÉ had already got approval for 'Project 2025', a major redevelopment of Montrose as a purpose-built complex for the digital age.
This would involve the rationalisation of the existing campus, making Project 2025 viable, counsel said.
In the Sisters of Charity proceedings, it is claimed the development plan is substantively illegal because it applies a restrictive zoning to an arbitrary selection of lands which include St Vincent's Private Hospital, St Mary's, Donnybrook, the Hospice, Harold's Cross, and a number of school sites in the north and south city.
There was no evidence before the council establishing any particular need for the 'Z15' zoning, which has been applied in a manner that flies in the face of fundamental reason and common sense, they claim.
They are seeking orders quashing the adoption of the zoning on their lands, and a stay on the operation of the section of the plan affecting their property.
They are also seeking damages for breaches of their private property and religious freedom rights under the Constitution and similar rights under the European Convention on Human Rights.
Brian Murray SC, for the Sisters, said extensive legal submissions were put to the council during the development plan process, making the same complaints as were being made in the High Court proceedings.
However, 'no reason was given as to why they were rejected,' counsel said.
This action was terribly important from his clients' point of view because in order to maintain its charitable work, it is necessary to sell lands from time to time to generate income, counsel said.
