High Court challenge against apartment guidelines set for December
Ann O'Loughlin
A legal challenge brought against the Minister for Housing's planning guidelines for new apartments will be heard by the High Court in December.
Mr Justice Richard Humphreys on Monday gave permission to several county councillors and a journalist to bring the challenge against the guidelines, which increase the number of studio apartments developers could put in a project, as well as other changes aimed at bridging a “viability gap” the Government said had stymied apartment buildings.
The judge granted an expedited hearing date for the case, listing it for early December.
The challenge against the guidelines – issued in July by Minister James Browne – has been taken by former Irish Times Environment Editor Frank McDonald, alongside Labour’s Darragh Moriarty, the Green Party’s David Healy and Dan Boyle, and Independent councillor Pádraig McEvoy.
They are seeking several orders, including one quashing the minister’s new apartment guidelines. Their case argues that the Minister breached legislation by failing to carry out a Strategic Environmental Assessment (SEA) of the guidelines.
David Browne SC, appearing for the Minister, said his side intends to robustly defend the action.
Mr Browne said the case was a matter of “profound concern” for the Minister. He said that the action, in the context of a housing crisis, jeopardises the delivery of apartments in the foreseeable future.
Tom Flynn SC, instructed by FP Logue and appearing with barrister Ellen O’Callaghan for the applicants, said his side considers the guidelines to be important, and added that it was important their legality be determined quickly.
Mr Justice Humphreys granted the expedited hearing sought by Mr Browne, and unopposed by Mr Flynn.
In his sworn statement, Mr Moriarty alleges the guidelines were issued with “zero engagement or consultation” with local authorities and without environmental reports. This, Mr Moriarty alleges, “constituted a gross undermining of the role of local government and of local democracy itself”.
Mr Moriarty claims the guidelines will lead to darker and more cramped apartments with less storage space.
In a sworn statement to the court, Mr McDonald says he believes the guidelines “conjure up a dystopian future for apartment dwellers in Ireland’s urban centres”.
Mr McDonald claims new guidelines will “ensure” that build-to-rent developers will construct apartment blocks consisting solely of studio apartments for single people, with floor areas “as minuscule as 32 square metres accessed from long corridors redolent of budget hotels, with a minimal number of lifts and other amenities”.
The new guidelines provide that the minimum size for a studio apartment is 32 square metres. This is a reduction on previous guidelines, when the minimum was set at 37 square metres.
Mr McEvoy, in his statement to the court, claims the guidelines are “inconsistent with Ireland’s social equity goals, climate commitments”, and the “need for resilient, liveable communities”.
