A legal challenge has been brought to a planning requirement that a public walkway to the Luas line pass through a private apartment complex at Milltown in south Dublin.
Two residents of the Mount St Anne's apartment complex have challenged two conditions imposed by An Bord Pleanála when granting permission for a new development by Park Developments Dublin Ltd of 175 apartments at Marian Hill, Milltown Road, adjoining their existing complex.
Permission for the Mount St Anne's complex was secured in 1998, while permission for the adjoining development, to which the two disputed conditions were attached by An Bord Pleanála, was granted in October 2004, the court heard yesterday.
The conditions require the management company at Mount St Anne's to maintain a public walkway through the grounds of that development to the Luas stop at Milltown Road and also to facilitate public use of the grounds, via the construction of public seating, lighting and other measures.
In judicial review proceedings before Mr Justice Iarfhlaith O'Neill, John Sheehan and Noel Keenan, both residents of Mount St Anne's, are seeking to have the conditions severed from the planning permission granted for the new apartment development.
An Bord Pleanála is opposing the application.
Opening the case yesterday, Brian O'Moore SC said his clients had bought their apartments thinking they would be living in a private complex with grounds which would be available for use by residents only.
The residents of Mount St Anne's include elderly people, families with young children and people who rented apartments, counsel said. However, that mix might change if the conditions were implemented. The concern of the applicants was that, if the two conditions were implemented and their privacy was ripped away, this would have a detrimental effect - not just on property prices but also on their quality of life.
They had concerns about potential boisterousness and vandalism, and believed unfettered access by the public could affect their quality of life.
Mr O'Moore said the residents of Mount St Anne's currently use swipe cards to access the Luas line passing through Milltown.
The planning conditions would mean that grounds which his clients had considered, when they bought their apartments, would be maintained for the private use of residents would now be public open space.
The complex, while not gated-off, was a private place as a matter of law and the board was not entitled to impose these conditions, he argued.
When the case resumed after lunch yesterday, the judge was asked for time to facilitate discussions between the sides.
Later yesterday, Mr O'Moore said he was hopeful the case would be settled and asked that it be adjourned on that basis to today.