A developer has secured leave to appeal against an order quashing its permission for a development including 741 build-to-rent apartments on a site at the rear of Dublin’s Connolly Station.
An Bord Pleanála granted permission after designating the development a “strategic housing development” (SHD) under the Development (Housing) and Residential Tenancies Act 2016.
The board can grant permission for a SHD development but all other developments have to go through the traditional planning process.
The development was also to include 135 new car parking spaces but the board and the developer, Singapore based Oxley Holdings Ltd, argued the car park did not require permission and did not need to be counted for “other uses on the land” within the meaning of the 2016 Act.
In a judgment last November, Mr Justice Denis McDonald upheld arguments by Dublin Cycling Campaign CLG the board erred in law by not assessing the car