Ballyboden Tidy Town Group’s action concerns approval for 241 apartments near the Dublin mountains
In a ruling published on Tuesday, Mr Justice Richard Humphreys granted Ardstone liberty to defend. However, he said the court is not obliged to give the views of a notice party the same weight as that of the decision-maker.
The judge was not convinced by Ardstone’s argument that it did not have to meet any threshold to defend the board’s decision. Mr Justice Humphreys said he believes the correct test is for the developer to show it has substantial grounds in support of defending the case. Ardstone met this threshold, he said,
Mr Justice Humphreys also considered the developer’s rights to an effective remedy and property under the Constitution, the European Court of Human Rights and the EU Charter. He noted Ardstone wished to reflect on whether it would seek to address the transport capacity point as a preliminary issue or whether it would immediately address all of the applicant’s grounds.
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