High Court Quashes Planning Permission for 422-Unit South Dublin Development
A recent High Court ruling has overturned planning permission for a major 422-unit build-to-rent housing scheme in south Dublin, raising critical issues around compliance with development plans and environmental impact.
The court judgment centers on An Coimisiún Pleanála’s (ACP) approval for Ironborn Real Estate Ltd’s proposed build-to-rent development at Aiken’s Village, Stepaside. Mr Justice David Holland ruled that ACP failed to properly address a material contravention of the Dún Laoghaire-Rathdown County Development Plan 2022-2028, particularly regarding private open space requirements for residents, which invalidates the housing scheme approval.
Specifically, the decision highlights that 74 apartments in the project lack access to private balconies or equivalent outdoor space, a departure from mandatory development plan standards. While Ironborn Real Estate argued this design choice was to enhance daylight access inside units, the court found this did not exempt the developer from providing private open space as required.
Though the development plan allows some flexibility to reduce private open space if suitable communal support facilities are provided elsewhere, the judge indicated this justification had not been adequately considered by ACP. The judge suggested that the matter might be remitted back for reconsideration, pending further submissions from involved parties.
This ruling follows a previous High Court challenge by the Fernleigh Residents Association, who successfully quashed an earlier 445-unit proposal at the same site in 2023. On that occasion, the court identified failures in substantiating adequate daylight standards and public transport capacity, both crucial environmental impact considerations affecting flooding and urban infrastructure constraints.
The High Court’s judgment underscores the importance of strict adherence to local development plans and environmental standards, particularly for large housing proposals classified as flood-risk development. This case also reinforces that An Bord Pleanála must carefully evaluate material contraventions before granting planning permission to ensure sustainable urban growth.
Residents and stakeholders continue to closely monitor how this ruling will influence future build-to-rent projects and the interpretation of private amenity space requirements across South Dublin.
Originally reported in The Irish Times on Mon, 08 Dec 2025 07:45:22 +0000. Full story
