O’Flynn firm challenges Cabinteely planning refusal

A company of developers Michael and John O’Flynn has challenged An Bord Pleanála’s refusal of permission for 34 houses and a roadway in south Co Dublin.

The site forms part of overall proposals by O’Flynn Capital Partners to develop lands in Cabinteely for housing.

The judicial review proceedings by O’Flynn Capital Partners against the board were admitted to the fast track Commercial Court list on Monday by Mr Justice Brian McGovern.

The company wants the court to quash the board’s July 17th permission for demolition of six properties, construction of 34 residential units and associated works including construction of an access road to a proposed development at Beech Park, Bray Road Cabinteely, Dublin 18.

The company previously got permission from Dún Laoghaire-Rathdown County Council for the development, subject to 45 conditions, aspects of that permission was appealed to the board by the company itself and some local residents.

It is claimed some of the proposed development, namely part of the road, is located within a strategic development zone under the Cherrywood Planning Scheme.

The other part of the proposed development, the rest of the road and the residential units, are located in an area subjected to the 2016-2022 Dún Laoghaire Rathdown Development Plan.

Irrelevant matters

The company’s challenge is on grounds including no appeal can be made to the board in relation to the part of the proposed development contained within the Cherrywood Planning Scheme.

A second ground relates to the board’s decision the section of the road outside of the planning scheme area materially convenes the local development plan for Dún Laoghaire-Rathdown.

The O’Flynn firm argues the board erred in law, took irrelevant matters into consideration and the decision is unreasonable. The company says it will suffer financial losses if the project cannot succeed and has already spent some €15 million on acquiring lands and planning fees. Construction costs are estimated at an additional €50 million.

Should the project go ahead, some 240 jobs will be created, it also claims.

Dún Laoghaire-Rathdown County Council and three local residents are notice parties to the action. The case will return before the court in November.

The case marks the second time Mr O’Flynn’s company has brought High Court proceedings in relation to its proposals to develop housing in Cabinteely. The High Court ruled last year the council’s decision to refuse the company permission to build 164 homes in the area was unlawful.