A High Court dispute over a planning requirement that a public walkway to the Luas line pass through a private apartment complex at Milltown in south Dublin has been settled.
Under the settlement, An Bord Pleanála has agreed to quash two conditions which it had attached to planning permission granted in October 2004 for a 175-apartment development at Marian Hill, Milltown Road, adjoining the existing Mount St Anne's residential complex of some 400 dwellings.
Those conditions had required a general public access through Mount St Anne's to the Luas line at Milltown and also to open green spaces in the complex.
The board has instead replaced those disputed conditions with a condition requiring that the communal open space and pedestrian access to the Luas line be available to residents of the new residential development, which is almost complete, on the same terms as it is available to residents of the existing development.
Residents of the older development at Mount St Anne's currently use swipe cards to get to the Luas line from their development.
Brian O'Moore SC, for two residents of the earlier Mount St Anne's development who had challenged the original two conditions, yesterday announced the settlement to Mr Justice Iarfhlaith O'Neill. The judge made an order inserting the replacement planning condition and quashing the original two conditions. An Bord Pleanála will also pay the costs of the applicants.