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Planning Board Concedes In Three challenges To Permission, Including One In Kildare For Over 300 Homes

File image: Rolling News

The Irish Examiner reports, It is understood the concessions in two of the cases come in response to grounds alleging a conflict of interest in the decisions on the part of the board’s former deputy chair of An Bord Pleanála, Paul Hyde

An Bord Pleanála has conceded in three separate High Court actions challenging its permissions for the development of 333 homes in Clane and of 748 homes in south Dublin.

According to the Irish Examiner, The court heard on Monday that An Bord Pleanála would not be contesting the judicial review, brought by a local community group, concerning planning permission for 333 homes on a greenfield site on the outskirts of Clane, Co. Kildare.

Mr Dodd, instructed by Mr Brady, said the board had conceded in the challenge brought by his client, Clane Community Council. 

It is understood the concession relates to a ground about public transport. This case did not contain any conflict of interest allegations.

The court heard on Monday that the planning board was consenting to orders that would overturn its approval for proposed Strategic Housing Developments (SHDs) in Killiney and Blackrock.

It's understood the concessions in the two Dublin cases come in response to grounds alleging a conflict of interest in the decisions on the part of the board’s former deputy chair of An Bord Pleanála, Paul Hyde.

Mr Hyde, who has always denied any wrongdoing, resigned from his role in July after facing allegations of conflicts of interest in certain planning decisions.

It was later reported that a senior barrister’s investigation for Minister for Housing Darragh O’Brien into several claims of alleged impropriety was sent to the Director of Public Prosecutions who has instigated a criminal prosecution against Mr Hyde under the Planning and Development Act.

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An Bord Pleanála is understood to have accepted that there would be a reasonable apprehension that objective bias may arise in both Dublin decisions.

Eight locals had challenged the board's permission granted to Atlas Gp Limited for 255 apartments and houses off Church Road in Killiney. In legal documents, the residents claimed Mr Hyde was a member of the panel that approved the development despite his brother being a partner in an engineering firm that allegedly conducted a report on the Killiney scheme.

The other challenge concerned the board’s permission for the development of 493 residential units at the site of St Teresa’s House, in Temple Hill, Blackrock.

The €200 million apartment scheme was proposed by Oval Target Limited, whose two directors Paddy McKillen Jnr and Matthew Ryan are major shareholders in the Press Up hospitality group.

Local groups Avondale Court Residents, Residents of St Vincent’s Park, and 15 individual residents claimed in their action that Mr Hyde and another An Bord Pleanála granted permission for the Blackrock scheme despite allegedly having conflicts of interest in the project. The court previously instructed the applicants to remove references to the other planning board official as the judge said they had failed to adequately present the allegations against her.

The residents alleged the engineering firm Mr Hyde's brother is involved in was hired as consultants for the development. Mr Hyde denies any wrongdoing.

On Monday, Stephen Dodd SC, instructed by FP Logue solicitor Eoin Brady, representing the applicants in both sets of proceedings, told the court the board was conceding in the matters.

Mr Justice Richard Humpherys adjourned all three cases, which will be mentioned next month.

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