Counsel for Branach Developers and site owners Mullnassa have appeared to have agreed to stop work on an allegedly unauthorised development at Brittas pending resumption of Court proceedings on February 5.
Justice John O’Connor made it clear that it would be disrespectful of proceedings if they were to carry on regardless.
If they do cease work, this will come as a relief to residents of Chianti Park and Hillsbrook, a number of whom have told Gript that they consider the new development to be a threat to their homes. As we reported a number of weeks ago one resident was served with an eviction order but that was extended.
South Dublin County Council issued an enforcement order against the development in October which SDCC Counsel Stephen Dodd argued had been ignored by the developers.
Dodd said that the developers had engaged in “accelerated” work at the site which he claimed was to allow them to complete construction in disregard for the order.
Conor Sheehan, Counsel for a Brittas resident, echoed the points regarding the impact of the development on his client claiming that the respondents appeared to be attempting to draw out the proceedings.
Counsel for the developers, Michael O’Donnell SC, made a lengthy argument based on Section 4 (1)(h) of the 2000 Planning and Development Act. He claimed this allows an exemption as renovation and maintenance and that the works do not constitute new development.
Dodd, in response, claimed that the case law and the exemption claimed were not “remotely connected.” SDCC demanded a site clearance and restoration of the site in compliance with the order and zoning of the area as one of natural beauty.
O’Donnell had, as the developer Paddy Byrne did in an email to myself, stressed the need for new homes given the housing and homelessness crisis.
Dodd said that to accept this would involve accepting that any housing development was potentially “exempt from all planning.”
Dodd reiterated the Council’s claim that the Brittas site is “manifestly unauthorised development” in the court last week – and said that it needed to be stopped and the site restored. He further claimed that the developers had been attempting to delay the proceedings and that “no normal process” had been followed.
One resident I spoke to told me that today’s proceedings will at least provide some hope that it can be halted. For the time being residents can hopefully have a peaceful Christmas.
Local councillor, Linda de Courcy of Independent Ireland, had highlighted the case of the residents and urged SDCC to take action, along with fellow Independent Paddy Holohan.