A dispute over social housing obligations at a large housing development in south Dublin has come before the High Court. Dún Laoghaire/Rathdown County Council wants 15 units provided for social housing at the Ballintyre Hall scheme but the developer says it is "not appropriate" for social housing.
The council wants Glenkerrin Homes to meet its social and affordable housing obligations at the 450-unit Ballintyre Hall development at Ballinteer Avenue, Dublin 16, by providing 30 of 149 completed units at the site for social and affordable housing.
The council says its housing strategy required that 15 units be provided for social housing and another 15 for affordable housing.
However Glenkerrin Homes offered to provide 15 apartments at a cost of approximately €4.8 million for affordable housing and a financial contribution to meet the social housing requirement. It has claimed social units were "not appropriate" for the site due to the high average unit cost, management company charges and the scattered location of available units.
The council has refused to grant letters of compliance to Glenkerrin Homes relating to the development, alleging the developer is in "serious breach" of the social and affordable housing requirements of the planning permission of June 2005.
Glenkerrin Homes denies it has failed to meet the stated social and affordable housing requirements of the Planning Acts and has asked for an injunction directing the council to give it the necessary letters of compliance with financial contributions without which it cannot complete the sale of some of the 149 units.
The council says it is prepared to issue qualified letters of compliance acknowledging that the developer has paid the relevant financial contributions relating to certain blocks of dwellings but also stating that the development is in breach of the requirement to enter into an agreement for the supply of social and affordable housing under Part V of the Planning and Development Act 2000.
Mr Justice Frank Clarke yesterday heard submissions from both sides and will rule next Wednesday on the injunction application. The matter will also come before a property arbitrator on the same day.
Colm P Condon SC, with John Doherty BL, for Glenkerrin Homes, said the council was effectively trying to prevent his clients from dealing with their property until such stage as an agreement was reached at arbitration.