A verdict by the High Court has rejected two objections to the approval for a 32-flat complex necessitating the razing of a building from the 19th century in Howth. Mr Justice Anthony Barr declared on Friday that accusations that An Bord Pleanála did not acknowledge that the destruction of Graymount House might violate a local development plan intention to retain historic properties, were unfounded.
Mr Justice Barr highlighted that the board’s overseer had seen the building was badly maintained, with little of its original features remaining and unsuitable modifications carried out in the past. The inspector concluded that the mansion failed to significantly enhance the area’s aesthetic, as per Mr Justice Barr.
The adjudicator agreed that while the building had a long history, it did not warrant protection. He brushed aside all aspects of the dispute brought forth by Graymount House Action Group, Howth locals Aoife Grimes and Darragh Richardson. The group collectively requested the court to override An Bord Pleanála’s sanction of the implosion to pave way for a four-tiered block on Dungriffin Road.
Christian Morris, a resident of Claremont Road, Howth, initiated an independent judicial review objecting to the board’s decision to concede to Trafalgar Capital Ltd.
Fingal County Council was initially in favour of the project, but this was contested by separate parties. Mr Justice Barr overruled all aspects of the opposition on Friday.
Among the opposition’s claims was that the proposed development was overly dense, being located 1.6km away from Howth Dart Station and a special dispensation to common density constraints are applicable only for projects situated within 1.5km of a Dart station.
Mr Justice Barr stated that this could not be used as a valid excuse to overturn the permission. He said the regulations were meant to provide a general framework and did not necessitate “absolute adherence”.
He also rejected the assertion that An Bord Pleanála did not give enough consideration to the supposed traffic hazards that could arise from the construction, especially concerning the narrow pavements in the location. He said that the overseer achieved a logical and reasonable decision based on the unrefuted specialist evidence about the potential traffic the project could generate. He stated that the claimant’s arguments were “unviable” considering the “minimal traffic impact” from the construction during rush hours.
Mr Justice Barr rejected all the other argumentations presented by the Graymount Group, by Mr Richardson from Thormanby Lawns, and Ms Grimes from Dungriffin Road. Also associated with the issue was Mr Morris, who was acting in his own legal capacity. Alongside taking on the same charges put forward by the other opponents, he presented extra legal reasons, but these were, as well, thrown out by the judge.