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Friday, 25 Feb 2022 20:53
A Dublin GAA club has won a High Court action quashing permission for the development of part of its sports grounds for housing.
Kevin's Hurling and Camogie Club won a case against the development of 161 apartments on Dolphin Park, Crumlin which is owned by Templeogue Synge Street GAA Club.
The two clubs share the pitches and field 44 teams between them.
Mr Justice Richard Humphreys was highly critical of An Bord Pleanála for granting permission and overturning a refusal by Dublin City Council.
In particular, he criticised the board for taking into account Templeogue Synge Street's debts of €1 million incurred by a previous failed development as a reason for allowing a new development.
Mr Justice Humphreys said this approach was an "absurdity" and "perverse" and quoted one of the counsel for the applicants who pointed out that it would mean "an impecunious mismanaged club that ran into debt would get permission, whereas a prudently managed club without debt and with sufficient resources would not".
The judge also said that the board had been "erroneous" in its decision and that it had misunderstood the development plan.
Dublin City Council had originally refused permission as the lands were zoned Z9 "to preserve, provide and improve recreational amenity and open space and green networks".
The council pointed out that there was a lack of green space in the area but there was already enough land zoned for housing with potential for over 50,000 residential units.
Mr Justice Humphreys said "the board clearly did not properly engage with the council's reasoning" when it overturned its refusal.
He said the board referred to a potential loss of 17% of open space with the development but this was percentage which would be taken up by the housing.
Once carparking and other uses were added, the loss of space would be about a third.
He said the six-storey development could not be described as "ancillary" to the sports use or "limited" as required by the Z9 zoning.
And the board had failed to show the "highly exceptional circumstances" that are required to allow Z9 land to be developed.
The judge also referred to the board failing to take into account the danger posed to residents in the new apartments by flying sliotars.
And he said since An Bord Pleanála's decision it had transpired that Templeogue Synge Street did not have title to the access laneway which would have meant the development could not have proceeded.
The High Court case was taken by trustees of Kevin's GAA and two local residents. Templeogue Synge St were a notice party but did not contest the case and have dropped development plans.
Templeogue Synge Street had permission for a previous development in 2006 but this had lapsed during the recession.