The developer of a proposed nine-storey building in Dublin city centre has challenged a planning requirement that it must install certain fire safety measures it claims are only supposed to be included in taller properties.
The claim has been made on behalf of KC Capital Property Group Limited in proceedings it has taken against An Bord Pleanála over conditions attached to permission for a development at Cuffe Street, Dublin.
The proposed development will include office space, a town hall and a cafe.
Dublin City Council granted the building a fire safety certificate with conditions requiring the developer to install certain measures.
The developer claims two of the conditions should not have been given. These are that elements of the structure must have a minimum of 120 minutes of resistance to fire and that a sprinkler system must be installed throughout the property.
It alleges these should not apply to its development because it is not 30 metres or more in height. It appealed the council’s decision to include those additional conditions to An Bord Pleanála, which dismissed the appeal.
Represented by Niall Handy SC, with Kevin Bell BL, instructed by Eversheds Sutherland solicitors, KC Captial, has brought High Court judicial review proceedings aimed at quashing the board’s decision.
It is claimed that the board’s decision is unreasonable, irrational, contrary to fair procedures and failed to give any adequate reasons for concluding that the building was 30 metres in height.
The board also failed to properly consider KC Capital’s detailed submissions outlining that the building was less than 30 metres tall.
The matter came before Ms Justice Niamh Hyland, who on an ex parte basis, granted the applicant permission to bring its challenge.
She adjourned the case until February.
- Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
- Find The Irish Times on WhatsApp and stay up to date
- Our In The News podcast is now published daily – Find the latest episode here
