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It follows An Coimisiún Pleanála (ACP) refusing planning permission to Patrick Crean’s Marlet Group in a long-running battle over plans for the site. The decision by ACP upholds a refusal issued by Dublin City Council in October 2022 and the case was before ACP on appeal by Marlet Group subsidiary, Raheny 3 Ltd Partnership. In the appeal, panning consultants for Marlet, Brady Shipman Martin contended that the single reason for refusal over the light-bellied Brent goose for the scheme on lands to the east of St Paul’s College at Sybil Hill, Raheny, Dublin 5 “does not hold up”. However, in its ruling, ACP has refused planning permission on three grounds and two of the reasons for refusal relate to the light-bellied Brent goose, a winter migrant from high-Arctic Canada. Most fly here between October and April. ACP has issued a refusal as the scheme would materially contravene a number of policies in the Dublin City Development Plan for the protection of European sites from a conservation point of view. The commission also refused planning permission as the Dublin City Development Plan requires that large-scale developments over 10,000 sqm must provide a minimum of 5pc community, arts and culture spaces as part of the development. The commission found the scheme does not provide for any such floor area and as a result the application materially contravenes an objective of the Dublin City Development Plan. A decision by ACP in the case was delayed due to the planning saga going back before the High Court after planning was refused in October 2022. The ACP refusal is the latest twist in the long-running planning saga for the site since it was purchased by Patrick Crean in 2015. In the High Court in May 2021, Mr Justice Richard Humphreys noted that the proposed development at the site has so far clocked up four decisions by An Bord Pleanála and 10 sets of legal proceedings, “and counting”. The Large Scale Residential Development (LRD) scheme by Marlet subsidiary, Raheny 3 Ltd Partnership comprises seven apartment blocks from four to seven storeys in height. The new 580-unit apartment scheme is made up of 272 one-bed units, 15 two-bed three-person units, 233 two-bed four-person units and 60 three-bed units. Planning documents lodged with the application said the proposal was consistent with the Government’s new Housing for All plan and would provide 580 new, high-quality homes on former institutional lands “which are ideally placed to accommodate residential development lands zoned for residential development in line with the specific zoning requirement”. The Dublin City Council refusal in 2022 followed the authority receiving more than 230 objections against the proposal. One of those to lodge an objection was current Labour MEP and then TD Aodhán Ó Ríordáin. In his objection at the time, Mr Ó Ríordáin told the council that “this is the latest in a series of planning applications made in respect of these lands going back to 2015”. The deputy said: “The fact that no application has been successful to this point should inform the council when making its decision.” He and other Labour Court members said: “Respect the court’s ruling. That is all we ask.”
