Ireland: Developer Lioncor is challenging a decision to refuse planning permission for its proposed BTR scheme on the former Terenure College playing fields in Dublin.
Dublin-based Lioncor Developments Limited says the council’s decision last November to limit numbers of rental-only apartments to a maximum of 40 per cent of any development is a departure from national policy without coherent or rational justification. It claims the restrictions are predicated on an “apparent negative bias” against BTR developments.
The adoption of the Dublin City Development Plan is irrational and unreasonable and should be quashed, Lioncor argues. Alternatively, the court should quash the section of the plan relating to the zoning of the Fortfield Road site, which is owned by the Carmelite Order.
Lioncor’s proposed scheme would have delivered 364 BTR units on the site, which is zoned for community and social infrastructure but, while previously it allowed residential use in exceptional circumstances, Lioncor says the latest iteration of the development plan places further restrictions on the residential development in this zoning.
Lioncor says the zoning places a “disproportionate burden” on certain private landowners to provide a public benefit “in perpetuity” or at least for the duration of the six-year-plan.
The Carmelites run Terenure College and have stated that the proposed 364-unit BTR development would help secure the future viability of the college.
Last month An Bord Pleanála upheld Dublin City Council’s decision to refuse permission for the seven-storey residential scheme which was to include 15 studios, 166 one-bedroom apartments, 174 two-bedroom apartments, nine three-bedroom units and 21 houses.
An Bord Pleanála concluded that the proposed development materially contravenes the zoning of the site. Located within a flood-risk zone, the proposed build would be contrary to the development plan. The scheme also exceeded the development plan’s recommended density for outer suburbs, the board said.
In its judicial review action, Lioncor, along with its subsidiary 1 Celbridge West Land Limited, claims the decision to adopt the new development plan, particularly the parts restricting BTR development, was made in breach of a section of the 2000 Planning and Development Act.
It also points to what it says is a “discriminatory” distinction between institutional landowners and other private landowners in the zoning of lands. The zoning of these Carmelite lands constitutes an “unjust attack” on constitutional property rights, as it imposes an effective restriction on the Carmelites’ right to develop their lands.
The developer is seeking a “protective costs” order under environmental planning laws and is also asking the court to grant a stay on the parts of the development plan that relate to its Terenure lands.
Mr Justice Charles Meenan said he was not prepared to grant permission to the developer for the case to proceed when the council has not been formally notified of the action. He adjourned the application for leave, which will return to court next month after the council has been formally notified.
