Disappointment as High Court overturns permission for new student accommodation in Limerick

PERMISSION for a €30m plan to build a student complex in Limerick city has been overturned by a High Court judge.

Mr Justice David Holland took a decision to quash An Bord Pleanala's ruling to afford Cloncarragh Developments the go-ahead to build more than 100 apartments accommodating over 300 students at the former John Moloney garage site.

Situated opposite Punch’s Cross, the land has lain idle for almost two decades, with the new facility designed to meet the needs primarily of students studying at Mary Immaculate College.

City solicitor Michelle Hayes of Environmental Trust Ireland (ETI) challenged the ruling of An Bord Pleanala in the High Court - putting forward a number of arguments.

Decision made on new student village for Limerick

In his decision, which was handed down on Tuesday, Mr Justice Holland said he was quashing the permission due to the failure of An Bord Pleanala to circulate the submission from ETI to Limerick's planners in a timely manner.

The big losers on the high court decision to overturn planning permission at punches cross are students pic.twitter.com/4pczJ0fUn5

— Cllr Joe Leddin (@JLeddin) October 5, 2022

The judge dismissed a complaint from ETI around a conflict between the engineers' and the architect’s drawings. On an issue Ms Hayes raised around groundwater flow direction at the site, Mr Justice Holland held against her in this regard, and dismissed this claim.

The case was heard, over three days, in June before Mr Justice Holland who reserved judgement until now.

In a statement, welcoming the decision, ETI said: "An Bord Pleanala, which is the subject of a number of investigations, failed to send the submission prepared by Solicitor Michelle Hayes, President of Environmental Trust Ireland to Limerick Council until 4.05pm on June 21, 2021, which was too late for the Council and councillors to consider it at its meeting held at 9.45am that same day.  Other submissions with the sole exception of the Environmental Trust Ireland submission were furnished by An Bord Pleanala to Limerick Council on June 8 and were considered in the Chief Executive's Report."

Mr Justice Holland found that An Bord Pleanala's failure to send the Environmental Trust Ireland submission to the Council within the statutory time limit had caused prejudice to Environmental Trust Ireland.

Commenting after the decision was handed down, Ms Hayes said: "I have been highlighting the very serious environmental issues, defects and the problems with build to rent shoebox apartments and co-living policies since June 2019, when the developer, Cloncaragh investments Limited first made its direct planning application to An Bord Pleanala."

The case is up for mention again in the High Court on October 20 next when the issue of costs will be decided.

A spokesperson for the developer said they will make no further comment until after that time.

Man woken at Limerick home at 3.40am to hear his car being driven away

But disappointment has been expressed over the decision including notably from former mayor Joe Leddin, who represents City West.

Councillor Leddin called for Cloncarragh to resubmit its plans, saying: "The decision by the High Court was based on a technical procedural issue by An Bord Pleanála during the process rather than any design flaws or concerns. I would urge the developer to resubmit without delay their application and hopefully we can have this derelict site developed for hundreds of students who desperately require accommodation having chosen to study in Limerick."

High Court has overturned An Bord Pleanala decision to grant planning for the Punches Cross Student Village this evening following an appeal by @IrelandTrust pic.twitter.com/LwUFAjod3m

— Cllr Daniel Butler (@DanielButlerFG) October 4, 2022

Another member representing the area, Cllr Azad Talukder added: "It's very sad news for the local community. It would have provided accommodation for 300 people, and it would have lifted a lot of pressure locally. It is very disappointing, I don't understand how someone can take this view in the middle of a housing crisis."