High Court challenge brought over planning permission for Swords apartments

A High Court challenge has been brought over An Bord Pleanála's permission for a 278-unit residential development in north Co Dublin.

The action concerns the board's decision last February to allow developer MKN Property Group to build four apartment blocks and associated works at lands at Fosterstown North and Cremona Forest Road in Swords.

The challenge is by three local residents, Kevin O’Reilly, Carolyn Watkins and Michael Biggins, who say they are not opposed to development on the site, but this permission represents an over-development.

The applicants, represented by John Kenny and solicitor Fred Logue, say the board’s decision is flawed, and should be quashed on grounds including that pre-application consultations – involving the developer, the council and the board, provided for under law – are not compatible with an EU directive on environmental impact assessments (EIAs), fair procedures and natural justice.

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They claim the consultation process is closed, and the public has no opportunity to make observations on opinions arrived at during this preliminary stage of a planning application for a significant development.

The applicants believe this issue may require to be referred to the European Court of Justice.

The proposed development is the first phase of a three-phase project.

The applicants claim the decision to grant permission for the first phase amounts to “project splitting” contrary to the EIA Directive, which provides an obligation to consider the overall impact of the entire development.

They also claim the decision failed to have regard for urban building height guidelines or for local bat fauna, and is a material contravention of the Fingal 2017-2023 County Development Plan.

In their judicial review proceedings against the board, Ireland and the Attorney General, the applicants seek various orders, including one quashing the permission.

Provisions

They claim provisions of the 2016 Planning and Development (Housing) and Residential Tenancies Act are incompatible with EU Directives on strategic environmental assessments and environmental impact assessments.

The developer is a notice party to the proceedings.

Permission to bring the challenge was granted by Mr Justice Richard Humphreys. The judge admitted the action to the strategic infrastructure development list, which deals with planning actions involving large developments, and adjourned the matter to next month.