A high court challenge is being sought by a parental group against the permitted construction of 106 residences near Phoenix Park, claiming that the development may aggravate the childcare shortage in the area. Residents of Chapelizod, a district in North Dublin, who form the group ‘Friends of the Phoenix Park’, state that the proposed site was formerly the location of ‘Magic Moments’, the childcare service their children attended, which shut down in June 2023.
Developer Linders of Smithfield received approval in January from An Bord Pleanála to construct a mixture of 96 apartments and 10 duplex homes. This consent followed the Dublin City Council’s initial permission that came with certain conditions.
Darragh Walsh, an accountant from Belgrove Park, Chapelizod and director of the parental group, indicated that supporters of the challenge are not against residential developments in general. Many supporters are young individuals quite aware of the current housing predicament affecting a wide majority of their contemporaries. However, Walsh asserts in a sworn statement that housing projects must meet local development plans’ terms, which includes supplying necessary social services for a sustainable community.
The now-closed Magic Moments offered a substantial amount of childcare spaces and played an essential role in the local community. Parents, since its closure, have been forced to use scattered and inconveniently located service providers, many of which are unregistered childminders, according to Walsh. In Chapelizod village, there is reportedly just one oversubscribed, full-time provider.
Walsh adds that the group also fears the proposed development’s potential impact on the splendour of the Chapelizod and Environs Architectural Conservation Area. Any new developments in the region must respect and complement the features of the area, as directed by the development plan.
The Friends of the Phoenix Park group, for its legal challenge, cites various national and European legal perspectives against An Bord Pleanála’s approval. They argue that the decision breaches the density provisions specified in the development plan of Dublin city, and board’s interpretation was legally flawed. They also suggest that the board misunderstood the requirement of the plan, stating that every new residential scheme must have a childcare facility for every 75 homes.
Additionally, it asserts that the committee neglected to specify that the project is situated within an architectural preservation zone, violating an article of the 2001 planning laws. The group alleges that contrary to the EU’s Habitats Directive, the board incorrectly decided that the developer was not required to undertake a specific environmental evaluation as a part of their planning proposal.
Recently, the dispute appeared before the High Court. Mr Justice Richard Humphreys granted the plaintiff, represented by Stephen Dodd SC, permission to proceed with their case.
Representing the developer, barrister Aoife Carrol, informed the court that her client, who is a notice party in the legal action against An Bord Pleanála, is eager to secure a prompt trial date. The issue is expected to be back in court the following week.