A company of property developer and investor Michael O’Flynn has challenged a refusal of planning permission for a proposed €75 million residential development in south county Dublin.
O’Flynn Capital Partners (OFCP) has sought judicial review of Dún Laoghaire Rathdown County Council’s July 2015 refusal for 164 residential units at Beech Park, Bray Road, Cabinteely/Loughlinstown.
The plan involves demolition of 11 existing dwellings and construction of a 158-metre section of the Druid’s Glen Road, linking to the N11 road. It also involves the provision of up to 30 metres of the Druid’s Glen Road Bridge.
The case was admitted on Monday to the fast-track Commercial Court by Mr Justice Brian McGovern on consent between the sides.
The potential sales value of the developed land should exceed €75 million and the development will create about 100 full-time construction jobs, Mr O’Flynn said in an affidavit. The land was acquired for more than €12 million.
Ecology
Planners refused permission for a number of reasons including the development failed to provide a “high-quality site-specific design response for the site” in relation to layout, ecology and landscape design. The proposed development would seriously injure the amenities or depreciate the value of property in the vicinity, was contrary to proper planning and not consistent with the Cherrywood Planning Scheme in regard to its design and sequencing, they also stated.
In the affidavit, Mr O’Flynn said the refusal of permission for the part of the Druid’s Glen Road which traverses OFCP’s land “will likely pose significant difficulties” for the delivery of any development in the area.
Until issues raised by his legal proceedings are resolved, it seems likely none of the development proposed for a 36-acre area within the Cherrywood scheme could be built, including a residentially-zoned area which could provide up to 543 units, he said.
The planning authority is obliged by law to grant permission where it is satisfied the proposed development is consistent with the local planning scheme, he said.
There is no provision for an appeal to An Bord Pleanála because the development is located within the planning scheme area, he added. The board itself approved that scheme in April 2014.
