Residents of Sandyford in Co Dublin have brought a High Court challenge to Dún Laoghaire Rathdown County Council's decision to rezone lands, which were originally acquired for use as a public park, as lands reserved for future housing needs.
The Sandyford Environmental Planning and Road Safety Group Ltd is seeking orders, by way of judicial leave, quashing the council's decision to vary its own 1998 Development Plan.
It complained the variation allows for the rezoning of lands at Blackglen Road, Sandyford from open space and recreational amenities to "provide for future residential development." The county manager has said the rezoning was required for the implementation of the council's 2001 housing strategy.
In an affidavit, Mr Dudley Dolan, Blackglen Court, Sandyford, a director of the residents' company and a university lecturer, said the disputed lands were beside Fitzsimons Woods, a proposed natural heritage area and of considerable ecological interest.
There had been considerable development in the Sandyford area and around Fitzsimons Wood. The disputed lands had originally been acquired by the council for use as a public park, he said. Although never formally developed as a public park, they were regularly used by locals as an area of public amenity and particularly as a means of gaining access to the wood.
The existence of lands as an amenity area had been relied on by the council in justifying the granting of planning permission for residential development in the vicinity and also as compensation for the green space lost to the M50 motorway.
Mr Eamonn Galligan SC, for the residents' company, said his clients believed there was a failure on the part of the council to give reasons in published notices for the variation in the development plan. The only statement was that the variation provided for future residential development.
That was not a reason but simply reflected the reason for rezoning.
The council has denied its published notices failed to state adequately the reason for the variation.
The county manager, in a report, stated the land was originally acquired in 1977 by the then Dublin County Council for a stores depot and open space purposes but was handed over to Dún Laoghaire Rathdown County Council in 1995.
The report added that circumstances had changed significantly in the 24 years since acquisition and this site was now required to facilitate the implementation of the council's housing strategy.
The development of the lands for residential purposes would be subject to the provision of "quality open space."
The council denied that the rezoning provided for residential development adjacent to a proposed natural heritage area.
Mr Michael Gough, the council's director of services, said in an affidavit there were 2,400 families on the council's housing list and about 500 were specifically seeking housing in the area of the Blackglen road site.
The cost of replacing the site (of about 5 acres) would be between €5 and 6 million.
It was unlikely the council would be in a position to include affordable houses on any replacement site.
The hearing before Mr Justice McKechnie continues.