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Legal challenge to Strategic Development Zones

  • 30-04-2019 2:45pm
    #1
    Moderators, Computer Games Moderators, Recreation & Hobbies Moderators Posts: 9,207 Mod ✭✭✭✭ CatInABox


    I was wondering when this would happen, and it seems that it's now. A person out near Cherrywood has brought Dún Laoghaire-Rathdown Co Council to court, claiming that they gave no, or inadequate, reasons for its decision.

    The interesting part of it is that she's also seeking a declaration that the legislation surrounding SDZs is unconstitutional. I had wondered about the fact that the SDZs essentially remove a path of appeal myself, as it sits slightly uneasy with me. Still though, I do think that it, or something like it, is necessary at the moment.

    Case will be heard in November, another massive delay for a large project in Ireland.

    See here.


Comments

  • Registered Users Posts: 958 ✭✭✭ Rulmeq


    Why does it take so long? It was the same with the Apple datacentre, cases with literally zero merit managed to delay that project for so long the company just went elsewhere.

    Also noticed that Google maps have updated their satellite photos with the new roads showing on it:
    https://www.google.ie/maps/@53.2487323,-6.1565099,1319m/data=!3m1!1e3


  • Moderators, Computer Games Moderators, Recreation & Hobbies Moderators Posts: 9,207 Mod ✭✭✭✭ CatInABox


    Rulmeq wrote: »
    Why does it take so long? It was the same with the Apple datacentre, cases with literally zero merit managed to delay that project for so long the company just went elsewhere.

    Also noticed that Google maps have updated their satellite photos with the new roads showing on it:
    https://www.google.ie/maps/@53.2487323,-6.1565099,1319m/data=!3m1!1e3

    There's some hilarious cycle lanes in there. Why not just get it right the first time?


  • Registered Users Posts: 6,699 ✭✭✭ plodder


    CatInABox wrote: »
    I was wondering when this would happen, and it seems that it's now. A person out near Cherrywood has brought Dún Laoghaire-Rathdown Co Council to court, claiming that they gave no, or inadequate, reasons for its decision.

    The interesting part of it is that she's also seeking a declaration that the legislation surrounding SDZs is unconstitutional. I had wondered about the fact that the SDZs essentially remove a path of appeal myself, as it sits slightly uneasy with me. Still though, I do think that it, or something like it, is necessary at the moment.

    Case will be heard in November, another massive delay for a large project in Ireland.

    See here.
    Not a lawyer, but the opportunity to object happens when the initial planning scheme is put in place afaik. So, I'd say once the planning scheme is reasonable and the planning application comes within the scope of the scheme, then you don't have any right to object again and I don't see a problem. Maybe, you can ask the courts to review the latter two questions, but as far as I know they tend not to get involved in the minutiae of planning and hopefully they will come to a quick decision on that.


  • Registered Users Posts: 2,594 ✭✭✭ CrabRevolution


    Is it just me, or does every objection to every development all over the country, whether it be transport, industry, residential, or business now contain a mandatory reference to "EU environmental and habitat directives"?

    You'd be under the impression the EU has imposed a total ban on all construction.....


  • Registered Users Posts: 5,285 ✭✭✭ Pete_Cavan


    CatInABox wrote: »
    A person out near Cherrywood has brought Dún Laoghaire-Rathdown Co Council to court, claiming that they gave no, or inadequate, reasons for its decision.
    Surely the point of the SDZ is to set out the basics of what would be given planning permission. The council don't so much need reasons for approval, they just need no reasons for not approving it. That's how I understand it, open to correction.
    The interesting part of it is that she's also seeking a declaration that the legislation surrounding SDZs is unconstitutional. I had wondered about the fact that the SDZs essentially remove a path of appeal myself, as it sits slightly uneasy with me.
    The SDZ itself could have been appealed at the time of its implementation, unless this woman engaged with the process and raised these issues at the time, I'd say the judge will tell her she missed the boat on all this.


    I don't mean for the above to seem like I am addressing you CatInABox, just using using your post to refer to the points this woman is raising.


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  • Registered Users Posts: 2,335 ✭✭✭ hans aus dtschl


    There's seemingly no way to get through to the people proposing these that they're designing them badly. So I understand where the objector is coming from, to a degree.

    In Midleton, Cork, an SDZ was approved with claims of "no negative impact on local traffic" due to 100% sustainable transport in the new development. It's not even remotely possible.

    For instance:
    The cycle lanes proposed are terrible (the council agree they will achieve low ratings as per the national cycle design manual, and they completely ignore the council's own cycle network plan)
    The development is a large enough distance from public transport and town centre that many/most people will be deterred.
    The footpaths and cycle lanes follow the same meandering routes through the development that the cars use.

    I'm all for the SDZ, but in 2019 why propose these little car-first/car-only sprawls? It'd surely be easier to just do it right.


  • Registered Users Posts: 35,003 ✭✭✭✭ LuckyLloyd


    Her objective is to delay the project long enough that they abandon it. She doesn’t give a **** about the environment, just that it’s beside her nice South County Dublin home. These people want to pull a drawbridge up around their privilege.


  • Moderators, Computer Games Moderators, Recreation & Hobbies Moderators Posts: 9,207 Mod ✭✭✭✭ CatInABox


    LuckyLloyd wrote: »
    Her objective is to delay the project long enough that they abandon it. She doesn’t give a **** about the environment, just that it’s beside her nice South County Dublin home. These people want to pull a drawbridge up around their privilege.

    I'd agree with this, she's just using whatever means at her disposal to stop a load of houses being built nearby.

    Judging from the amount of arguments that she included in her case, she's just flinging everything against the wall and hoping something sticks, including bad reasoning, EU directives, and the law itself is unconstitutional.


  • Registered Users Posts: 20,856 ✭✭✭✭ Alun


    LuckyLloyd wrote: »
    Her objective is to delay the project long enough that they abandon it. She doesn’t give a **** about the environment, just that it’s beside her nice South County Dublin home. These people want to pull a drawbridge up around their privilege.
    Yes, we had the same thing here in Wicklow recently with a proposal for a link road to Kilmacanogue. Objection was from a woman who lived right next to where the road would join the roundabout at Kilmac, but the campaign was entirely based on the impact it would have on the copious fictional wildlife inhabiting the lower slopes of the Little Sugarloaf.


  • Registered Users Posts: 36,082 ✭✭✭✭ ED E


    Fast track is November, I despair (to get started).


    Any chance of DLR costs being awarded against her when she inevitably(hopefully) loses?


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