Galway Bay fm newsroom - The High Court has rejected a challenge to an approved plan for 121 homes in Barna.
The challenge was brought by Heather Hill Management Company CLG, which represents residents of the neighbouring Cnoc Fraoigh housing estate.
Burkeway Homes Ltd was granted permission by An Bord Pleanála for the development - comprising 52 houses, 69 apartments, a creche and a linear park on a 5.3-hectare site.
According to the Irish Times, the residents claimed the development represented a different, more intense, form of development than Cnoc Fraoigh, that would adversely impact the amenity of their homes.
They said it would not comply with environmental requirements, especially, in relation to flooding.
It was also claimed the planning permission was invalid because it imposed conditions relating to sewerage works that the developer cannot comply with.
In a judgment, Mr Justice David Holland dismissed the residents’ challenge.
Among his findings, he rejected claims that Burkeway did not have adequate consents to build on the property before it made its planning application.
He also rejected an allegation that there was a material contravention of the Barna plan based on alleged failure to apply 2009 flood guidelines.
He further rejected the challenge based on alleged inadequacy of environmental impact assessment or appropriate assessment as to the risk of sewage pollution of the Trusky East stream.
