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High Court overturns Dublin docklands plan decision

Plan proposed by a company of developer Johnny Ronan
Plan proposed by a company of developer Johnny Ronan

The High Court has overturned a decision by An Bord Pleanála to grant fresh permission for increased height of apartment blocks in north Dublin Docklands.

Last May, the court made consent orders quashing a December 2919 permission by the board for the height increases and remitted the matter for fresh consideration by the board.

Having carried out a fresh consideration, An Bord Pleanála again granted permission which the council also challenged.

The case arose from a plan by a company of developer Johnny Ronan, Spencer Place Development Company (SPDC), for more than 500 apartments/co-living spaces and commercial units in the North Lotts/Grand Canal strategic development zone (SDZ) of the north Dublin docklands.

In its proceedings, the council opposed the board's permission for height increases from seven to 13 storeys for one block and from seven to 11 for the second. 

After a four-day hearing last week, Mr Justice Richard Humphreys ruled last Friday he was quashing the board's permission and would deliver a written judgment at a later stage.

The judge added he was not remitting the matter to the board for another reconsideration.

In separate proceedings, SPDC last year lost a challenge to the council's legal interpretation of 2018 "Urban Development and Building Heights" guidelines issued by the Minister for Housing Planning and Local Government. 

The company had argued it should be allowed a building height of between seven and 13 storeys in accordance with general building height guidelines.

The council argued the SDZ planning scheme for the lands only permits heights of up to ten storeys.

It was also argued an SDZ can only be amended through a process that includes a fresh round of public consultation.

After the council refused permission, the company appealed to the Board which overruled its own inspector's recommendation and gave the go ahead for the height increases.

The council then initiated proceedings challenging the board's decision.