Developer fails in bid to save one of two planning permissions for 208 apartments in Kimmage, Dublin

The judge granted Kimmage Dublin Residents Alliance, represented by FP Logue solicitors, an order quashing the permission. Photograph: Bryan O'Brien

Opposing the application was developer 1 Terenure Land Limited, a subsidiary of Lioncor Developments, opposed the application. It has a second, more recent alternative planning permission for a “large-scale residential development” scheme with the same number of apartments on the plot next to a gym. This approval stands but is the subject of a separate High Court challenge brought by the same residents’ group.

However, the judge found that the developer did not demonstrate that the site was well served by high capacity public transport and the board could not reasonably concur with the assertion that the site was well served with high capacity. Had the Oireachtas intended that permission could be granted in material contravention of the development plan for every strategic housing development, no doubt the relevant act would have stated this, she said.

Kimmage

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