Developer and Builder Deny Social Housing Claim

A construction firm and a developer have both denied claims by South Dublin County Council that they have failed to meet social and affordable housing obligations in relation to a major Tallaght development.

The case against Durkan New Homes and Hollioake Land Ltd was admitted to the

Commercial Court yesterday, by Mr Justice Peter Kelly.

The council has claimed that planning permission - for the development of 745 houses at The Belfry, Blessington Road - imposed an obligation on the defendants to enter into agreements under part V of the Planning and Development Act 2000.


Under the agreement, developers are required to transfer land, sites or houses, or make a financial payment to the planning authority.

The council has claimed the planning gain due to it under the planning permission is in excess of €19.5 million. It is seeking an order requiring the defendants to enter into an agreement under part V or pay damages in lieu of that.

Both defendants have refuted liability and denied the claim that the planning permission imposed an obligation to enter into a part V agreement.

The council has also referred the case to An Bord Pleanála but DNH is disputing the board's jurisdiction in the matter.

(VB/JM)