A legal challenge in the High Court has blocked plans to construct approximately 390 flats in Monkstown, a southern suburb of Dublin. An Bord Pleanála had given permission to an action that has now been contested by the Monkstown Road Residents Association and Richard Tempany, a resident in the vicinity of the proposed project, located at Dalguise, Monkstown Road, Monkstown, Co Dublin.
GEDV Monkstown Owner Limited had been given the green light by the planning appeals board in February to construct 387 flats primarily for rental, along with associated development. A judicial review was initiated over worries that the planned project might negatively impact the local wastewater network and Seapoint, a nearby well-liked bathing spot. The potential influence of the project on local wildlife, particularly the bat population, was also highlighted during the proceedings.
The lawsuit targets the board, Uisce Éireann, the Minister for Housing, Local Government, Heritage, Ireland and the Attorney General. The claimants assert that the board neglected to consider the resulting sewage overflow into the local sewage system. They also argue that the board failed to assess whether local bat communities and their breeding grounds would be disturbed by the proposed project.
Moreover, the applicants allege that a 2022 decision made by the Minister for Housing and Local Government with regard to the site did not fulfil his nature conservation responsibilities. It also did not adhere to the EU Habitats Directive, as it failed to specify whether the proposed development would intentionally disturb bats.
The applicants, represented by James Devlin SC and Alan Doyle, supported by solicitor Fred Logue, are seeking several court orders and declarations, including an order to cancel the planning permission. They are also requesting orders to cancel Uisce Éireann’s conclusion that the local wastewater network has enough capacity to support the proposed project and the Minister’s 2022 decision about bat protection measures at Dalguise.
The parties are actively seeking validation that the board has unlawfully refrained from making the particulars of the development accessible on its website. The developer and Dún Laoghaire Rathdown County Council have been notified of the action.
The case was presented for a vacation sitting in the High Court this week, where Judge Siobhán Stack officially opened proceedings and postponed the case until May.
Initially, the developer requested permission for the construction of a total of 490 residential blocks, each standing between three and nine storeys high, as well as the addition of a childcare facility and a cafe on the premises. However, in 2023, Dún Laoghaire Rathdown County Council rejected the request.
The board of appeals then received the developer’s appeal, granting permission but reducing the size of the projected development to 387 units.