Legal challenge to building by Dartmouth Square residents to be fast-tracked
Posted on 24th June 2019 at 20:34
Objections to office redevelopment project
A legal challenge by 23 south Dublin residents over planning approval for redevelopment of a building near their homes is to be fast-tracked in the Commercial Court.
The residents, from Dartmouth Square, Ranelagh, secured permission from the High Court earlier this month to bring judicial review proceedings aimed at quashing An Bord Pleanála's approval for an office redevelopment project at the old Carroll's building on Grand Parade near their homes. They claim that, following consultations with Transport Infrastructure Ireland (TII) or the National Roads Authority (NRA), significant alterations were made to the original plan submitted by the developer of the offices, Grand Parade Trading Company.
Protected structure
It is alleged there was failure to notify the public that works to provide for a future Metro station would be incorporated into the development. That, they claim, means part of the Metro line has been determined before any public examination of the route takes place. Grand Parade Trading Company got permission in April to refurbish the eight storey Carrolls Building, a protected structure on the site.
Several warehouse buildings to the south of that building will be demolished and replaced with another three to six storey office building, to be connected to the existing building with a six-storey glazed atrium.
Several residents objected during the planning process, claiming the proposed redevelopment would adversely affect the character and amenity of Dartmouth Square. It was also claimed its size and scale would have an overbearing and devastating impact on what is a designated architectural conservation area.
Metro works
In seeking to quash the decision, they claim the board failed to apply proper procedures to the consideration of the Metro works.
On Monday, the case was admitted to the fast-track Commercial Court list by Mr Justice Robert Haughton. Grand Parade Property Trading Company, a joint venture between the Peterson Group and Hines Group, applied to have the case fast-tracked. Eamon Galligan SC, for Grande Parade, said any delay in the project would have an adverse effect on his client's commercial arrangements. Lawyers for the residents opposed the fast-track application on the grounds including it was "unnecessary".
After admitting the case to the list, the judge adjourned the matter to November.