A collective of inhabitants from the southern part of Dublin have instigated proceedings against the Dublin City Council in the High Court. This is due to the council approving certain elements of a disputed development in a Victorian-era square as exempt from requiring planning consent. Back in August, St Mary’s College, Rathmines, had their application approved by the council. It involved replacing the natural grass of their local rugby pitch in Kenilworth Square with a synthetic one, actions which were declared as not needing planning permission.
Additional elements of the plan, such as installing a 1.2-metre fence around the proposed year-round pitch and reorganising two pitches into a single, full-sized field, were also considered exempt. A group known as Protect Kenilworth Square, made up of local residents, instigated a lot review against the council in response, hoping to overturn the council’s decision.
This group, which organised a protest outside of the school against the “stadium-like” nature of the project, regards the planning exemption as the onset of a “significant development”. An online petition has collected over 2,700 signatures since its launch in June, opposing the plans which also involve the erection of six 18-metre floodlights, a parking structure, and a new pavilion that contains changing rooms. Originally, plans also included a space for spectators but this component has since been removed from the project’s website.
According to the protesting group, the council’s decision is invalid as the exempt elements are part of the entire project, for which the school is expected to request planning permission. They also allege that the council didn’t consider the potential effects of the project on the environment. In a statement, a group’s representative stated that they had no choice but to resort to “very costly” legal remedies as opportunities for third-party observations or appeals were not possible according to the school’s request under section five of the Planning and Development Act. They expressed their hopes that their stance on the inappropriateness of this exemption will be supported in the judicial review.
The local community around Kenilworth Square has been vocal in their concerns that the prospective redevelopment of the area will commercialise the square and lead to significant disturbances in the community. They also identify the risk of irreversible harm to the conservation and preservation of biodiversity, nature, and heritage.
St Mary’s College, however, via a website dedicated to detailing the proposed plans, characterised the initiative as a not-for-profit project. The intention is that community clubs will use the redeveloped space and their contributions will cover the costs of its operation and maintenance. The college emphasises that all actions are in concurrence with nature preservation efforts.
Despite being the focal point of the community’s complaints, the college has abstained from commenting on the matter as the judicial review is being lodged against Dublin City Council, not the institution itself.
Last week, the college sent a letter to the local residents indicating that there have been several attempts to arrange meetings with the community since August. The letter notes that the invitation for dialogue stays open, even amidst the community group Protect Kenilworth Square’s claims that previously arranged meetings since April have been cancelled or refuted.
In the letter, residents were encouraged to provide their feedback and input on the project before the school submits their planning application to Dublin City Council. Accompanying the letter was a forwarded email from the college’s principal, Denis Murphy, to the campaign group members, dated September 28th, offering a meeting.
Yet, despite the reassurances, the spokesperson for Protect Kenilworth Square deemed any potential meeting as unsuitable given the ongoing judicial review proceedings.