Retired couple challenge decision to allow 44 apartment be built beside their home

Retired couple challenge decision to allow 44 apartment be built beside their home

A High Court challenge has been brought against An Bord Pleanala's decision to grant planning permission for 44 apartments in North Dublin.

The action has been brought by retired couple Edward and Frances Kelly, who live next door to where last November An Bord Pleanala granted permission for 44 apartments contained in three three-four storey blocks at Howth Road in Clontarf.

The permission also allows the developer, Sheelin McSharry Construction Ltd, to carry out demolition works on existing buildings on the site. 

The court heard that the Kelly's home at Ashbrook, Howth Rood is just 3m from and directly faces the site of the proposed development. 

They claim that An Bord's decision is flawed on several grounds. These include that it acted contrary to fair procedures and relied on fundamental errors of fact.

They claim An Bord did not have accurate or any evidence before it regarding the proposed development's impact on, and the loss of daylight and sunlight on the Kelly's home before it arrived at its decision to grant permission. 

They further claim that their submissions in this regard were not considered by An Bord.

They also claim that noise and dust generated from the site, if the developer is allowed demolish existing buildings, will cause consider disturbance to them. 

Represented by Niall Handy Bl in their judicial review proceedings against An Bord Pleanala, the Kelly's seek an order from the court quashing An Bord's decision to grant the developer permission to carry out the proposed works.

Permission to bring the challenge was granted on an ex-parte basis, where only one side was present in court, by Mr Justice Charles Meenan.

The developer is a notice party to the proceedings.

The matter was made returnable to a date in late March.

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