South Dublin Council is locked in a legal battle, demanding the removal of 28 modular homes and preventing the construction of 12 more. 

The local authority has the support of a number of local residents, who live near the modular homes in the village of Brittas and claim the development has already put a severe strain on the area’s infrastructure. 

On The Pat Kenny Show, Irish Times Legal Affairs Correspondent Mary Carolan said the court case centres on the question of planning permission. 

The developer has argued the project does not need planning permission, while the council believes that it does.  

“The site used to be the site of a mobile home and caravan park, which apparently is very dilapidated,” Ms Carolan explained. 

“The council says what is happening is these works, which have apparently been ongoing since August, are arresting an entirely new development. 

“The site is subject to an entirely new change of use.” 

Ms Carolan continued that the council “totally dispute” the developper’s claim that they do not need planning permission and that it is an “entirely new type of development and type of use”. 

They have also raised concerns about the impact on the local environment. 

“The council did focus on the number of mature trees that were felled to the ground,” she added. 

“The local residents had observations about all of that as well. 

“Part of the concerns of the council as well were that the area is sold for protection of the Dublin Mountains, among other uses.” 

Intensification of use

Also on the programme, UCD Assistant Professor Orla Hegerty described it as an “interesting case” that will test the limits of what can be built. 

“This seems to be interpreting the rule around refurbishment as replacement,” she said. 

“New buildings on the same, roughly, site.” 

Professor Hegerty added that home owners do need planning permission to demolish a habitable house. 

“There have been cases where people have demolished their house - whether deliberately or accidentally - and have found themselves in a really difficult situation because they have demolished without permission,” she explained. 

“The other issue here would be a point of planning which is intensification of use; so, if you have a quarry, for example, you can’t double the number of trucks going to it - that’s called intensification. 

“So, if they’ve increased the size of these units, they’re increasing the number of people. 

“If it’s becoming a 12 months of the year occupancy, they’ve increased the loading on the local services.” 

Main image: A modular home. Picture by: RollingNews.ie.