An Bord Pleanala is expected to consent next month to a High Court order quashing permission for 614 residential units on former RTE lands.

Cairn Homes had been granted full planning permission by An Bord Pleanála last September to develop the 8.7 acre site at Montrose in Dublin 4.

The company had planned to build 611 apartments, as well as town houses, a new public park, a childcare facility, cafes, and leisure facilities on the site. 

Three residents living close to the proposed development on Ailesbury Road residents had brought proceedings challenging the permission for the development close to their homes. 

They have also challenged the constititutionality of provisions of the Strategic Housing Act (SHA) providing for the fast-tracking of large housing developments.

Arising from a development in the case and correspondence between lawyers for the applicants and the Board, a hearing date fixed later this year for the challenge was vacated on Thursday by Mr Justice Richard Humphreys.

On consent of the sides, the judge adjourned the matter for mention only on February 8th when the court will address the consequences of expected concessions from the Board.

In July last year, the High Court granted leave on Thursday to the residents - Chris Comerford, Pat Desmond and John Gleeson - to challenge the Board's decision to deal, under the SHA, with the permission application by Cairn Homes Properties Ltd.

The SHA allows developers seeking permission for developments exceeding 100 units to apply directly to the Board for permission, bypassing the local housing authority.

The Board had at that stage agreed to consider the application for permission under the Act but had not yet decided it.

The residents' case included claims that certain provisions of the SHA, enacted with a view to fast-tracking planning applications for large scale housing developments, breached their rights under the Constitution and European Convention on Human Rights.

When the board subsequently granted permission for the development, the High Court directed the residents' challenge to the permission itself could be merged with the earlier challenge.

In their action, the residents claimed that, immediately adjoining the rear wall of Mr Desmond's family home, and located "extremely close" to the family homes of the other two, is a property which previously formed part of the RTE campus in respect of which Cairn Homes wanted to develop 614 residential units.

The applicants said the development is of a scale and density far in excess of what is permitted under the Dublin City Development Plan, would overlook and overshadow their homes and be "totally out of keeping" with an area consisting of low rise Victorian or Edwardian type houses.

The development would impact not just on the applicants' properties, which include protected structures, but on other protected structures and important public buildings in the area, including Montrose House, Mount Errol House and the important 1960s Scott Talon Walker Building housing the existing RTE studios, they claimed.

In a statement, Cairn Homes said that a quashing of the permission would undoubtedly lead to a delay in it development.

But it added that it understands that the design and the consented scheme is not at issue.

"The Board sought and was granted time by the Court to review the issue in more detail and to write to the parties setting out its position," it said.

"Cairn looks forward to further communication from the Board before deciding on the optimum course of action."

It added that the Montrose development was not in it commencement plans for 2021 and after the current Level 5 restrictions, it will be again active on 18 large residential developments, with five new schemes commencing this year.