A HIGH COURT challenge has been brought against An Bord Pleanala’s decision to give supermarket giant Lidl the go ahead for a €15 million commercial development in Castleknock, Dublin.
Last month, the planning authority granted Lidl Ireland permission to construct a development that will include a supermarket, shop units, a café, a medical centre, and apartments in three separate blocks.
The challenge has been brought by company director Donal Daly, with an address at Egerton Gardens, London, England, who owns a property known as Glenmalure, Castleknock, which adjoins the site Lidl wants to develop.
Daly, represented by Eamon Galligan SC in his action against An Bord Pleanala, seeks an order quashing the decision to grant planning permission to Lidl to build the 5000 square metre mixed-use development.
Lidl had also secured permission to demolish existing buildings on the site.
Daly also seeks a declaration from the court that the decision is invalid, null, void and of no effect.
Galligan said the challenge is being brought on grounds that there was a failure to have regard to the contents of Castleknock Urban Centre Strategy plan, adopted by Fingal County Council when the Bord made its decision in relation to the application.
Counsel said that an inspector appointed by An Bord Pleanala in relation to the proposed development erred in law by concluding that the provisions of the 2008 plan no longer applied to the site at the centre of the proceedings.
Permission to bring the challenge was granted on an ex parte basis by Justice Mary Faherty at today’s vacation sitting of the High Court.
Lidl Ireland, Fingal County Council, local TDs Jack Chambers and Joan Burton, and the Castleknock Residents Action Group are notice parties to the proceedings.
The judge adjourned the matter to October when the new legal term commences.