Pat Crean of Marlet’s constitutional challenge centres on decision to change zoning of site beside St Anne’s Park to ‘open space’ use
In an affidavit, Mr Crean said the council vote amounted to an “unjust and disproportionate attack” on the company’s constitutionally protected property rights.
The vote is also contrary to the “common good”, he said, as it went against the advice of the council’s chief executive, who said an alternative mix of zoning struck an appropriate balance between ecological protection and the provision of housing in the midst of a housing crisis. The High Court in 2021 overturned the latest permission granted by An Bord Pleanála for a strategic housing development of 657 apartments on the site.
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