Protect Kenilworth Square and Anor v Dublin City Council and Ors (Approved)

THE CONGREGATION OF THE HOLY SPIRIT and THE BOARD OF MANAGEMENT OF SAINT MARY'S COLLEGE

                  The decision forms part of an overall project called 'Project Kenilworth' which involves the replacement of three existing grass pitches and a small pavilion with two full size pitches (one of which will be a 4G synthetic/artificial pitch and floodlit), the construction of a large new pavilion, a new vehicular entrance, new pedestrian entrances and the creation of a car park in the Square.��

                  The Applicants rely on two core grounds of objection namely that the proposed works do not fall within the Section 5 exemption (Core Ground 1) and that what is proposed comprises an " infrastructure project " - namely " urban development " - for the purposes of Environmental Impact Assessment ("EIA") ( Core Ground 4 ). Not surprisingly the Council and St Mary's disagree.

                  Having noted the Developer's AA Screening Report, detailing the Council's AA Screening conclusion - which was that the works individually or in combination with other plans or projects, would not have a significant effect on a European Site, which the Square is, an Appropriate Assessment is not required for the works proposed.

                  The Council determined that the replacement of the surface of the rugby pitch and the reconfiguration comprised " works " and " development " for the purposes of Section 2 and Section 3 of the PDA and went on to find that the proposed works are exempted development by reference to Class 33(c), Schedule 2, Part 1 of the PDRs.