The High Court has overturned An Bord Pleanála's decision to grant planning permission for 300 apartments and housing units in Monkstown in south county Dublin.
In a judgement, Mr Justice David Holland said that he was satisfied to quash the permission on grounds including that the board was wrong to find that an Environmental Impact Assessment Screening Report submitted as part of the application for permission, identified and described adequately the effects of the proposed development on the environment.
Permission had been granted to Lulani Dalguise Ltd to build 276 apartments across eight blocks, ranging from five to nine storeys, and 22 houses on a 3.6 hectare site at Dalguise House. The board, it was claimed, erred in screening out the proposed development for an Environmental Impact Assessment , contrary to the EIA directive, and in also screening out an Appropriate Assessment , contrary to Article 6 of the Habitats Directive, and had not properly applied provisions of a 2006 Directive on bathing water quality.
The board, it was claimed, failed to ensure the proposed development would prevent deliberate disturbance of bats and deterioration or destruction of their breeding sites or resting places. The judge said that the board had erred by finding that the developers EIA Screening report adequately described the effects that the proposed development would have on the environment.
Ireland Latest News, Ireland Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
High Court ruling on prosecutions by gardaí set to cause disruption in criminal casesDecision that gardaí involved in case must prosecute will significantly impact on working of District Court
Read more »
Lisa Smith found not guilty of funding terrorist organisation by Special Criminal CourtThe court is still delivering its judgment in relation to the charge against her of membership of Isis.
Read more »
State ‘could take case to European court’ over British proposal for Troubles crimes amnestyThe Irish government could pursue an inter-state case at the European Court of Human Rights if the British government proceeds with its amnesty proposals for crimes committed during the Troubles, according to a leading legal academic in Belfast.
Read more »