A CHALLENGE by a developer to directions by Minister for the Environment John Gormley overturning the designation of The Park Village lands in Carrickmines as a “district centre” has been adjourned at the Commercial Court to October.
The case opened on Tuesday before Mr Justice Frank Clarke and will resume in October, when the new law term opens.
Tristor Ltd wants to develop the Park Village as a “district centre” and alleges the Minister’s directions, unless quashed, will cost 1,500 jobs, including 700 jobs in construction of the scheme.
A “district centre” allows for a development with considerably more retail floorspace than a “neighbourhood centre”, a designation preferred by the Minister.
A neighbourhood centre involves a development of small groups of small shops of a local nature serving a small, localised catchment population.
In opposing Tristor’s challenge, the Minister has said he issued the directions because the draft development plan for the area did not comply with the Planning and Development Act 2000 in that it failed to set out an overall strategy for the proper planning and sustainable development of the area.
Because of that “significant failure” to comply with the 2000 Act, including failure to comply with the Greater Dublin Area Retail Strategy, the Minister said he issued directions requiring Dún Laoghaire Rathdown Council to amend the plan. He also denies claims by Tristor he had misinterpreted his role.
Mr Justice Clarke is hearing a “telescoped” action in which he will determine Tristor’s application for leave to bring a judicial review challenge to the directions in the substantive hearing of the case.