Leave granted for judicial review of Limerick development
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Michelle Hayes
The High Court has granted leave for a judicial review of a decision by An Bord Pleanála to grant planning permission for a housing development in Limerick.
The development, consisting of 54 residential units, primarily in apartment blocks, on a greenfield site off St Patrick’s Road in Limerick, was approved by the Board despite its own inspector recommending refusal.
Developer Michael Murphy Homes Ltd had appealed to the Board after planning permission was refused by Limerick City and County Council on a number of grounds, including adverse effects to residential amenity and traffic congestion.
A crucial issue is that access to the site would be through a cul-de-sac, with the existing green area said to be used by playing children to be used by construction traffic and the boundary wall to be demolished, instead of direct road access from St Patrick’s Road.
The challenge has been brought by Hillcroft Close Residents Association and others, represented by Michelle Hayes of Hayes Solicitors and barrister James Kane BL.
They argue, among other grounds, that the development would breach the Limerick City and County Council Development Plan and be incompatible with both the EU Environmental Impact Assessment Directive and the Habitats Directive.
Ms Justice Emily Farrell yesterday made an order granting leave for judicial review on all the grounds advanced by the applicants.
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