A High Court challenge has been brought against An Bord Pleanála’s decision to grant planning permission for a 445-unit build-to-rent housing development in south Dublin.

The action has been taken by Fernleigh Residents Association, and Brian Cassidy over the board’s decision to give the go ahead for the construction of the apartments and a childcare facility at Aiken’s Village, Stepaside in Dublin 18.

The applicants want the court to overturn the board’s decision to grant planning permission to Ironborn Real Estate Limited to develop the site.

The applicants say they are not opposed to development of residential accommodation at the location. However, they say that the permission granted in this instance represents an overdevelopment of the site.

The permission, they claim, goes against proper planning for the locality, and could affect the sustainable development of the local area.

The residents’ group and Mr Cassidy, from Belmont, Stepaside, represented in the action by John Kenny instructed by solicitor Eoin Brady of FP Logue, say the decision to grant permission is invalid on several grounds.

Open space

The grounds include that the decision contravenes Dún Laoghaire Rathdown’s requirements on open space, guidelines on daylight and sunlight requirements as well as public transport capacity.

There was also a failure by the board to conduct assessments and screening of the proposed development as required under the EU directive on environmental impact assessments, the court was told. The possibility that the development may have significant effects on the environment was not properly taken into account by the board, it is also claimed.

The applicants further claim that the decision contravenes the EU habitats directive.

The applicants, who live close to the proposed development, have brought proceedings against the board, as well as Ireland and the Attorney General. The developer is a notice party to the judicial review proceedings.

The action was briefly mentioned before Ms Justice Miriam O’Regan during Tuesday’s vacation sitting of the High Court.

Counsel said that the action should be admitted to the High Court which deals with strategic infrastructure developments. The judge adjourned the case to a date in October.