AN BORD PLEANÁLA has granted planning permission for contentious plans for a new apartment scheme for Phibsborough in Dublin.

However, in giving the green light to Bindford Ltd’s CrossGuns Large Scale Residential Development (LRD), the planning authority has reduced the scale of the originally proposed 196-unit scheme that included a 12-storey apartment block.

As part of the Cross Guns LRD, Bindford had first proposed a seven-year planning permission for 196 apartments made up of 118 Build to Sell apartments and 78 Build to Rent apartments within three blocks ranging in height from three to 12 storeys.

In its decision, the appeals board has ordered the omission of three storeys from the 12-storey apartment block that results in the loss of 12 apartments.

The appeals board decision endorses the decision of the City Council which also ordered the omission of the three floors of the 12-storey block which reduced the number of units 196 to 184.

Bindford had lodged an appeal against conditions and sought a seven year permission instead of the five year planning permission due to the threat of High Court judicial review but the appeals board has ordered that the planning permission be for five years.

In the Bindford appeal, McGill Planning pointed out that a previous planning permission for the same site was subject to a High Court judicial review and quashed.

McGill Planning states that the new LRD permission “may be questioned in the same way”.

The consultants state that the planning system does not take account for judicial review procedures “and the lengthy nature of the court process”.

McGill Planning stated that planning permission for the quashed Strategic Housing Development (SHD) scheme was granted in May 2021 but the High Court judicial review hearing was set for two years later on 3 May 2023.

The consultants state that An Bord Pleanála decided not to pursue a defence of the case in April 2023.

McGill Planning stated that if the case had gone the other way and planning permission was retained, a three year timeline for the developer to substantially complete the scheme after securing funding and going to tender “is a very tight timeframe”.

McGill Planning also contended that the omission of the three storeys was ‘unreasonable’ “and will have a detrimental impact on the character of the overall development”.

Two third party appeals were also lodged against the Dublin City Council decision by John Conway and the Louth Environmental Group and residents group, LUMRA (Leinster, Ulster and Munster Streets Residents Association) seeking that the permission be overturned.

In the LUMRA appeal, consultants, BPS Planning and Development Consultants argue that “the pendulum has swung too far in the direction of over-development and over-intensification of the site”.

However in its decision, the appeals board ruled that the scheme “would constitute an acceptable quantum of and density of development at this brownfield location and would not seriously the residential or visual amenities of the area”.